Recovering Compensation in a Wrongful Death Claim
When someone dies due to someone else’s negligence or intentional wrongdoing, their family members or heirs can file a wrongful death lawsuit to seek compensation for their losses. Damages in a wrongful death claim can include economic and non-economic losses.
Economic damages: These are the tangible financial losses suffered by the deceased’s family due to their death. Economic damages may include:
- Medical expenses incurred before the deceased’s death
- Funeral and burial expenses
- Loss of the deceased’s future income or earning potential
- Loss of the deceased’s benefits, such as pension or insurance payouts
- Loss of inheritance
- Any other financial contributions the deceased would have made to the family had they lived
Non-economic damages: These are the intangible losses that the deceased’s family suffers due to their death. Non-economic damages may include:
- Loss of companionship and society
- Emotional distress and mental anguish
- Pain and suffering of the deceased before their death
- Loss of guidance, care and nurturing that the deceased would have provided to their children or other family members
- Punitive damages if the defendant’s actions were particularly egregious
Factors in Determining Damages
The damages awarded in a wrongful death lawsuit depend on various factors, including the nature of the defendant’s actions, the extent of the deceased’s injuries before their death and the egregiousness of the situation. It is important to consult with a qualified attorney to determine the damages that may be available in a particular case.
Who Can File a Wrongful Death Claim in Mississippi
In Mississippi, a wrongful death lawsuit can be filed by the personal representative of the deceased person’s estate on behalf of the deceased person’s surviving family members. Mississippi law defines who is considered a “survivor” and who has the right to recover damages in a wrongful death Claim.
Under Mississippi law, the following individuals may be considered survivors and can potentially recover damages in a wrongful death lawsuit:
- The deceased person’s spouse and children: If the deceased person was survived by a spouse and/or children, they have the right to recover damages in a wrongful death claim.
- The deceased person’s parents: If the deceased person was not survived by a spouse or children, their parents may have the right to recover damages.
- The deceased person’s siblings: If the deceased person was not survived by a spouse, children, or parents, their siblings might have the right to recover damages.
Damages that may be awarded in a Mississippi wrongful death claim can include compensation for medical expenses, funeral expenses, lost wages, loss of companionship, and other damages suffered due to the deceased person’s death.
Deadline to File a Wrongful Death Lawsuit in Mississippi
It is important to note that Mississippi law sets a statute of limitations, or deadline, for filing a wrongful death claim. In Mississippi, a wrongful death lawsuit must be filed within three years of the date of the deceased person’s death. It is important to consult with a qualified attorney to determine the specific requirements for filing a claim in Mississippi, depending on the case.