What are the advantages of filing a wrongful death lawsuit after a drunk driving accident in Southaven Mississippi?
When a family member is killed by a drunk driver or in any other kind of accident, the best thing to do is file a wrongful death lawsuit to receive compensation. This is really the only way the family can receive a remedy that is sufficient to cover all of the damages that can be attributed to the loss of the person’s life.
A fatal drunk driving accident occurred in Horn Lake Mississippi just outside of Southaven.
Motorcycle rider dies after being hit by a car
Authorities believe the 64 year old female suspect was driving on a suspended license and had no insurance on her vehicle. Her erratic driving caused a witness nearby to begin recording a video, and the woman was captured on film driving into a 42 year old male on a motorcycle on Nail Road. The man was severely hurt as a result of the impact and pronounced dead later that night at Baptist Memorial Hospital. The video will not be released to the public as it is to be used as evidence in the trial.
The woman was charged with DUI resulting in death and other charges related to her suspended license. She was held at DeSoto County Jail after the incident.
How do wrongful death cases work?
The law provides a specific remedy for surviving family members in all fatal accidents. After a collision involving a drunk driver, at least one family member of the victim will be able to file a wrongful death lawsuit. While each state has slightly different laws regarding this action, usually a parent, spouse, or sibling will be able to make a claim for things like the victim’s medical and funeral expenses, along with their future lost wages.
Mississippi’s laws
Mississippi law allows the person handling the estate along with any immediate family members to file a wrongful death claim on the deceased person’s behalf. Any damages paid out must also be split evenly between the spouse and children first before any other family members are able to receive payment.
The largest amounts paid out in these cases tend to be tied to emotional pain and suffering related to the incident, along with the future wages the person would have earned if they had remained alive. This is usually calculated by things such as previous earnings or average previous wages over their lifetime. There are also some other unique rules in the state’s wrongful death statutes such as the ability of the state to bring a suit on behalf of creditors if no surviving family members remain. While it is not important to learn all of the specifics of the state’s laws regarding these kinds of cases, it is important to discuss your particular situation with an experienced accident lawyer so that they can provide the best advice.
Speak to a local lawyer for assistance
After a fatal accident, it is possible to get legal help and guidance throughout the process of filing a lawsuit. Salu & Salu have offices in Southaven Mississippi and they routinely help all kinds of victims after car accidents.
