The Clarion-Ledger reports on a tragic head-on collision that resulted in the death of four people who were all part of the same family, including a toddler and an infant. The accident occurred on Highway 21 in Kemper County on a Monday evening late last month, when a Dodge Ram pickup truck heading north crossed over the centerline and careened into the family’s Isuzu Rodeo SUV, which was heading south.
The parents in the SUV, who were both 34 years old, died from injuries sustained in the collision, as did their 13-month old son and 3-year-old daughter. According to Mississippi Highway Patrol, the couple’s 11-year-old son was riding in the vehicle at the time of the accident, as well.
The force of the collision ejected him from the vehicle, and responders transported him to a local hospital for treatment. Police claim the father was the only one in the SUV who was wearing a safety restraint at the time of the accident.
The driver of the pickup truck also sustained injuries in the crash, and responders transported him to a local hospital. The Mississippi Highway Patrol is still investigating the cause of the collision.
If you lost a loved one in a devastating accident, contact Ballard Law, PLLC. William E. Ballard is a car wreck lawyer in Jackson who will evaluate your case to determine if you have grounds for a wrongful death claim.
Mr. Ballard will gather essential evidence, interview witnesses, calculate all potential damages, and ultimately help you fight for the maximum payout. Call 769-572-5111 to schedule a free consultation.
Who Can File a Wrongful Death Claim in Mississippi?
An unanticipated death can have ripple effects that impact dozens of people whom the deceased had some kind of relationship with; however, only certain individuals have the right to file a wrongful death claim in the state of Mississippi. Pursuant to Mississippi Code 11-7-13, the following parties may file a lawsuit against the party liable for their loved one’s death:
- The personal representative of the deceased’s estate;
- The deceased’s surviving spouse;
- The deceased’s surviving parent or parents;
- The deceased’s surviving child or children; or
- The deceased’s surviving sibling or siblings.
Who Will Receive the Compensation for Filing a Successful Claim?
The recipient or recipients of the final settlement ultimately depend on which family members survive the deceased. For example, if the spouse files the lawsuit, the court will distribute the recovered funds among both the spouse and any surviving children equally.
Since there is essentially a hierarchy of eligibility when it comes to wrongful death claims, parents and siblings will only be able to recover compensation if the deceased has no surviving dependents. In these scenarios, the court distributes any recovered funds between the surviving siblings and parents equally.
If you lost a family member due to the negligence of another party, turn to Ballard Law, PLLC for comprehensive legal guidance. As your accident attorney in Jackson, William E. Ballard will help you avoid making costly mistakes during the claims process, like overlooking certain damages or accepting a low settlement.
Mr. Ballard will help you fight for the maximum settlement, and if your case goes to trial, he has the litigation experience and resources to represent your interests in court. Call 769-572-5111 to schedule a free case evaluation. If you want to learn more about wrongful death claims in Mississippi, visit USAttorneys.com.
