How Are Wrongful Death Settlements Paid Out?

Published on Jan 28, 2021 at 3:47 pm in Wrongful Death.

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Other people’s negligence can sometimes lead to accidents. In the worst-case scenario, these accidents cause the death of your loved one. When this happens, you want to hold that party accountable for their actions, whether they’re a doctor who made a medical mistake or a driver who wasn’t paying attention. Through the legal process of a wrongful death claim, you can get justice in the form of financial compensation.

If your family member has died suddenly from someone else’s negligent actions that could have been prevented, then you could use the help of a wrongful death lawyer from our firm. At Pittman Roberts & Welsh, PLLC, we fight hard for our clients so that they feel confident in their claim and get the compensation they deserve.

Distribution of Wrongful Death Settlements

In wrongful death cases, settlements are distributed differently than personal injury claims. Since the person who the claim was about is no longer here to collect a settlement, the funds can only be collected by certain people. The only people who can recover damages from a loved one’s wrongful death claim are the people who are legally allowed to bring a claim forward on behalf of their family member who died.

According to Mississippi law, damages of a deceased person should be equally distributed to:

  • The deceased’s spouse and children
  • If they don’t have children, the deceased’s spouse
  • If they don’t have a spouse, the deceased’s children
  • If they don’t have a spouse or children, the deceased’s parents and siblings
  • If they don’t have a spouse, children, or any other surviving family, the deceased’s legal representative

It is important to note that in our state, half-siblings and children out of wedlock are considered to be legitimate and are fully capable of receiving the same amount of the settlement of full siblings and other children. Adopted parents and children are also treated the same as biological parents and siblings.

What Goes Into a Wrongful Death Settlement?

After your loved one’s untimely death that was caused by another person’s negligence, you could recover damages for what they went through. The costs that your loved one incurred before and after death would factor into how much you can receive in compensation. There are both economic and noneconomic factors that play into the settlement amount you deserve.

The economic factors that affect your compensation amount are calculable costs that your loved one incurred before their death. Any medical bills directly related to their injuries and subsequent death could be included in settlement. Funeral and burial costs would also be included.

Noneconomic factors that you could recover in compensation are more abstract costs that your loved one suffered before their death, or that they would have suffered had they survived. Pain and suffering, loss of enjoyment of life, and loss of consortium are all experiences that you could recover damages for because they greatly affect your life or would have greatly affected your loved one’s life had they survived.

Pittman Roberts & Welsh, PLLC Will Represent You

Losing a loved one unexpectedly is hard to handle, especially when their death could have been avoided. You shouldn’t have to deal with the financial burden of their passing alone. That’s why we’re here to help. A wrongful death lawyer from Pittman Roberts & Welsh can help you hold the negligent party accountable for the death of your family member and get you the compensation that you deserve.

We will launch a full investigation into what caused your loved one’s death and calculate what you’re owed in compensation. We’ll fight to get you a full and fair settlement so you can focus on getting back to your normal life, or as normal as possible. Contact us today so we can get started on your case right away.

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