Two days before their 47th wedding anniversary, Paul and his wife Susan were driving home from church on a rural highway in Mississippi. At that same time, a utility company employee was speeding down the highway toward them in a large bucket truck, trying to get from one job to another. The truck driver didn't see a car waiting to turn in front of him until it was too late. He swerved around the car to avoid it, and in doing so, hit Paul and Susan's car head-on, driving it into a ditch.
Susan was killed instantly. Paul was knocked unconscious, and when he came to, he was devastated. Paul also suffered a broken sternum and other injuries. Paul called us.
After enlisting local counsel in Mississippi, we investigated the case, subpoenaed phone records from the at-fault driver, collected and analyzed "black box" data from the vehicles, and uncovered the driver's past driving records. A lawsuit was filed in federal court in Mississippi and we engaged in extensive discovery. We employed experts in accident reconstruction, neurology, and neuropsychology to analyze our case and submit expert reports.
Prior to trial, the defendants asked us to participate in a mediation to try to settle the case. At mediation, we gave a strong presentation regarding our clients' injuries and damages. The presentation was very emotional, and included photographs of Susan and her family, so that the defendants and their insurance company representative could see just how much the family had lost.
In Mississippi, the total amount that can be awarded in wrongful death cases is capped at $1,000,000 (non-pecuniary damages). After the all-day mediation, the defendants agreed to settle our clients' claims for $1,000,000.
Our work was still not done. For the next few months, we filed all the paperwork necessary to have the probate court review and approve the settlement. We also worked with Medicare and private health insurance companies to address any reimbursement interests they had to settlement funds.
While all the money in the world cannot bring a loved one back, it helps take away some of the monetary stress (bills, lost income, etc.) and helps a family have time to grieve and heal.
Do you have a wrongful death case? We know it is a very difficult time. Don't hesitate to contact us today.