Mississippi FAQs About Wrongful Death
Who Can File a Wrongful Death Claim in Mississippi?
In Mississippi, the law requires that only certain individuals can file a wrongful death claim. These include the surviving spouse, children or parents of the victim. If there are no surviving family members, then the executor or administrator of the victim’s estate may file the claim.
What Is the Statute of Limitations for Filing a Wrongful Death Claim?
The statute of limitations is the legal deadline for filing a lawsuit. In Mississippi, the statute of limitations for wrongful death claims is three years from the date of the victim’s demise. This means that if you want to file a lawsuit, you must do so within three years or you will be barred from doing so.
Are There Any Exceptions to the Statute of Limitations?
Yes, there are a few exceptions to the statute of limitations in Mississippi. If the death was caused by a defective product, you may have up to two years to file a claim for wrongful death. Additionally, if the death was caused by medical malpractice, you may have up to seven years to file.
What Are Some Common Causes of Wrongful Death?
There are many different causes of wrongful death, but some of the most common include the following:
- Car or truck accidents
- Pedestrian collisions
- Motorcycle crashes
- Dog bites
- Farming accidents
- Common carrier accidents such as buses, trains or airplanes
- Boating accidents
- Medical malpractice
- Defective products
- Workplace accidents
If your loved one died due to the negligence or intentional actions of another, you may have a claim.
How Do You Prove Wrongful Death Claims?
To prove wrongful death, it must be shown that the fatality was caused by the negligence or intentional actions of another person or entity. This can be difficult to do, which is why it is important to have an experienced attorney on your side.
What Damages Can Be Recovered in a Wrongful Death Claim?
In Mississippi, the following damages may be recovered in wrongful death claims:
- funeral and burial expenses;
- medical expenses;
- loss of earnings and benefits such as a pension, insurance and Social Security;
- loss of companionship and support; and
- pain and suffering.
How Can an Attorney Help With My Claim for Wrongful Death?
An attorney can help you with your wrongful death claim in a number of ways. They can help you gather evidence, interview witnesses and build a strong legal case. They can also negotiate with insurance companies and defend your claim in court if needed.
If you have lost a loved one due to the negligence or intentional actions of another, you may be able to file a wrongful death claim. Contact an experienced Mississippi attorney today to learn more about your legal rights and options.
Diaz Law Firm: Wrongful Death Lawyers
When you lose a loved one in a wrongful death accident caused by another’s negligence, the Diaz Law Firm can assist you. For a free consultation about your case, contact us at (800) 459-2222 as soon as possible. Please feel free to reach out to us online as well.