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Who Can File a Wrongful Death Lawsuit in Mississippi?

November 25, 2020

Losing a loved one is extremely difficult, especially when they’ve passed away due to someone else’s harmful actions or dangerous behavior. If your loved one would have had grounds for a personal injury lawsuit had they survived, you might be able to collect the compensation they deserve on their behalf. You can do this by filing a Mississippi wrongful death lawsuit.

Keep reading to learn more about who can file a wrongful death lawsuit in Mississippi, what to expect throughout the legal process, and how a skilled and experienced wrongful death attorney can help you through this challenging journey.

What Is a Wrongful Death Lawsuit?

Wrongful death lawsuits give grieving families a way to collect the financial compensation they need and deserve after someone they love died in a way that wasn’t their fault.

If your loved one would have been able to file a personal injury lawsuit if they had lived, you may be able to pursue a wrongful death lawsuit on their behalf. For example, you might have a wrongful death claim against a drunk driver who caused your loved one’s fatal crash. Or, you could file a lawsuit against a company whose defective or dangerous product killed your family member.

In Mississippi, only certain people can file a wrongful death lawsuit:

  • Surviving spouses
  • Children
  • Parents
  • Siblings
  • Estate representatives

That means that long-term, unmarried partners, friends, and others can’t pursue a wrongful death claim—unless they become the estate’s personal representative.

For What Reasons Can I File a Wrongful Death Lawsuit in Mississippi?

Mississippi’s wrongful death law applies when your loved one’s death is due to:

  • Someone’s wrongful conduct or negligence
  • A defective, dangerous, or unsafe product
  • Unsafe spaces and properties
  • A business’ breach of warranty involving a consumable product (like medications or food)

This can involve anything from a car accident to nursing home neglect, or a dangerous or defective drug. Your family’s wrongful death claims are as unique as your story—and you deserve personalized attention and legal advice.

For example, after a fatal truck wreck, you might focus your attention on the reckless driver. However, there might be more to the story. Our experienced wrongful death lawyers can help you identify all the at-fault parties, which might include a manufacturer of a defective brake system, a bar that overserved a drunk driver, or a trucking company that pressured a driver to cut corners or break the rules.

If this makes your head spin, you’re not alone. Our team is dedicated to making sure people like you understand their options and what to do next. To get the answers and support you need to move forward, don’t wait to contact an experienced attorney.

When Should I File a Mississippi Wrongful Death Claim?

If you need to file a wrongful death claim in Mississippi, you have a limited amount of time to do so. If you don’t file your case within the right timeframe, you might lose your right to any compensation. This limit is called the statute of limitations.

The statute of limitations for filing a wrongful death lawsuit in Mississippi depends on the cause of death. For deaths caused by negligence, like drunk driving, the deadline to file is three years from their date of death.

In rarer cases, when intentional actions caused your loved one’s death, the deadline to file a wrongful death lawsuit is one year from the event that caused the death. If you’re unsure which deadline applies to your loved one’s claims, contact Andy Citrin Injury Attorneys right away.

However, you should never wait until the last minute to file a wrongful death lawsuit. In many cases, you need to take extra steps in a death case. For example, you may need to open a formal estate with the probate court. All of these processes take time—and if you wait too long, your lawyer might not be able to get it all done before your deadline expires.

RELATED: Don’t Fall for These 5 Common Insurance Company Tactics After a Truck Accident

Prosecutors Filed Charges Against the At-Fault Party. Is That a Wrongful Death Claim?

Criminal prosecution is different than a wrongful death claim. When prosecutors file charges against someone, they want to punish them for wrongdoing, and the at-fault party will face jail time, fines, and other penalties. However, the prosecutors will not demand compensation for you and your family’s losses. To get that assistance, a personal injury lawyer can help you file a civil court lawsuit.

Notably, the civil statute of limitations continues to run while prosecutors handle the criminal case. Criminal cases can take a long time to complete—so don’t wait until yours is over to start your wrongful death case. Again, if you wait too long, you might lose out on compensation.

What Financial Compensation Is Included in a Mississippi Wrongful Death Lawsuit

In Mississippi, financial compensation from a wrongful death lawsuit is paid directly to the decedent’s beneficiaries or the estate. Typically, this includes:

  • Medical bills related to your loved one’s injuries and final care
  • Funeral and burial expenses
  • Pain and suffering
  • Loss of companionship
  • Lost wages and benefits
  • Property damage expenses

It’s important to note that Mississippi law does limit the amount of money beneficiaries can collect on certain types of wrongful death damages, such as:

  • Medical malpractice: $500,00
  • Defective products: $1 million
  • Pharmaceutical: $1 million

Thankfully, these caps only affect non-economic losses (such as loss of companionship). There is no limit on financial loss (such as lost wages).

But, maximizing wrongful death compensation is critical, so you need trusted legal representation by your side throughout this difficult process.

Contact Andy Citrin Injury Attorneys for Help With Your Wrongful Death Lawsuit

If you’ve lost a loved one due to someone else’s negligent or reckless actions, you’re legally entitled to seek compensation on their behalf. However, filing a wrongful death lawsuit in Mississippi is extremely complicated, so you need proven and experienced legal representation to fight for you throughout the process.

At Andy Citrin Injury Attorneys, we know what it takes to win your Mississippi wrongful death lawsuit and are here to guide and support you every step of the way. Our law firm provides tenacious legal representation, practical advice, and emotional support to our clients, helping them get the closure and answers they deserve. To schedule a confidential free consultation where we can learn more about your story and provide initial feedback, please call 228-888-8888, or complete this brief form today.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

 

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