When someone dies through the negligent act of another, a wrongful death claim can result. A wrongful death case can arise from any type of personal injury case including medical malpractice, automobile accidents, construction accidents, airplane accidents and all other torts. A suit for wrongful death may only be brought by the personal representative of the decedent’s estate.
Mississippi has a civil “wrongful death statute” which establishes the procedures for bringing wrongful death actions. The damage awards from these actions belong to the estate and may pass to different parties as directed by the decedent’s will.
Prince & Associates provides thoughtful, quality representation for families whose loved ones have died as a result of:
- 18-wheeler accidents
- Bicycle and pedestrian accidents
- Defective product accidents
- Dog attacks
- Distracted driver accidents
- Drunk driving accidents
- Hit-and-run accidents
- Mesothelioma or Lung Cancer from asbestos exposure
- Motor vehicle accidents (car, truck, motorcycle)
- Nursing home abuse or negligence
- Nurse and physician negligence
- Premises liability accidents
- Recreation accidents
- Residential fires
- Swimming pool accidents
- Transportation accidents
- Workplace accidents
Elements of a Wrongful Death Lawsuit
In order to bring a successful wrongful death cause of action, the following elements must be present:
- The death of a human being;
- Caused by another’s negligence, or with intent to cause harm;
- The survival of family members who are suffering monetary injury as a result of the death, and;
- The appointment of a personal representative for the decedent’s estate.
A wrongful death claim may arise out of a number of circumstances, such as in the following situations:
- Medical malpractice that results in decedent’s death;
- Automobile or airplane accident;
- Occupational exposure to hazardous conditions or substances;
- Criminal behavior;
- Death during a supervised activity.
What Damages Can Be Recovered in a Wrongful Death Claim in Mississippi?
If you bring a wrongful death claim in Mississippi, can you recover the following compensation:
- Compensation for health care and death-related expenses, including medical bills and burial and/or funeral costs
- Pain and suffering endured by the deceased person
- Loss of companionship, love, care or protection from the deceased person
- Emotional distress and mental anguish survivors suffered
- Loss of anticipated future earnings provided by the deceased person
- Loss of retirement benefits, pension and other benefits
- Punitive damages, intended to punish wrongdoers and prevent them from harming others in the future
- Any related expenses caused by the wrongful conduct
Victims’ Families Should Contact an Attorney Immediately
If a loved one has dies after an accident or injury caused by the negligence or misconduct of someone else, you do not have to suffer this irrevocable loss alone. Prince & Associates is ready to help you get the justice you and your loved ones deserve. Time is of the essence when as it relates to deadlines for filing such a lawsuit and you should contact an experienced personal injury attorney as soon as possible to discuss your legal rights.