It is never easy to lose a loved one, but when the negligence or actions of another cause the wrongful death, the pain can be even more significant. In Mississippi, families have the right to seek justice and compensation through wrongful death claims. Find out how a wrongful death lawsuit can help those left behind and bring justice to the deceased.
What Is Wrongful Death?
Wrongful death occurs when a person dies due to the legal fault of another individual or entity. This can result from negligence, recklessness, or intentional actions. Common causes include car accidents, medical malpractice, workplace incidents, and defective products.
Who Can File in Mississippi?
Mississippi law specifies who is eligible to file a claim:
- Surviving Spouse: The spouse can file a claim if the deceased was married.
- Children: Biological and legally adopted children can bring a claim.
- Parents: If the deceased was unmarried and had no children, the parents may file.
- Siblings and Other Relatives: Sometimes, siblings or other relatives may be eligible without immediate family members.
It’s important to note that only one wrongful death lawsuit can be filed on behalf of all beneficiaries.
What Damages Can Be Recovered?
A claim’s purpose is to compensate for economic and non-economic losses. These may include:
- Medical Expenses: Costs incurred for the deceased’s medical care before death.
- Funeral and Burial Costs: Expenses related to laying your loved one to rest.
- Lost Wages and Benefits: Compensation for the income the deceased would have provided.
- Pain and Suffering: Emotional distress experienced by the deceased before passing.
- Loss of Companionship: Emotional loss suffered by family members.
- Punitive Damages: In cases where the at-fault party’s actions are egregious, additional damages are needed to punish the wrongdoer.
Time Limits for Filing a Claim
In Mississippi, the statute of limitations for wrongful death claims is three years from the death date. However, if the death resulted from an intentional act or an assault, the time limit may be shorter—one year. Missing these deadlines can bar you from seeking compensation, so acting promptly is crucial.
Why Legal Guidance Matters
Wrongful death cases are emotionally taxing and legally intricate. Having compassionate legal support can make a significant difference. An attorney can:
- Explain Your Rights: Help you understand the legal avenues available.
- Handle Legal Procedures: Manage filings, paperwork, and deadlines.
- Negotiate with Insurers: Advocate on your behalf for fair compensation.
- Provide Emotional Support: Offer guidance during a difficult time.
Diaz Law Firm
If you’re facing the unimaginable loss of a loved one due to someone else’s actions, you don’t have to go through it alone. The Diaz Law Firm is dedicated to supporting families like yours. We offer a compassionate approach combined with legal expertise to help you seek the justice and compensation you deserve.
Contact us today for a free consultation. Let us help you navigate this challenging journey toward healing and closure. Call us at (601) 607-3456 to schedule a free case review. Remember, if you retain our firm, you will not pay a thing until the case is won.