5 Mississippi Wrongful Death Claim Truths

5 Mississippi Wrongful Death Claim Truths

If you are in a position to file a wrongful death claim, it is likely you are experiencing quite a bit of duress and emotional pain. You may even be dealing with financial difficulties depending on how much the person who died contributed to your household. Filing a wrongful death claim is your right if you are eligible, and if you need help throughout the process that is only natural. 

In the state of Mississippi, there are certain requirements that apply to individuals who choose to file a wrongful death claim. For this reason, considering working with an attorney that understands the wrongful death process in the state could be tremendously helpful.

Bob Germany is a Jackson wrongful death attorney that can answer your questions and advocate on your behalf. For more than four decades, Bob Germany has been prosecuting cases for individuals who suffered injuries and death as a result of the negligence of others.

5 Mississippi Wrongful Death Claim Facts

5 Mississippi Wrongful Death Claim TruthsEach state has its own requirements and guidelines as to how to handle a wrongful death claim. In Mississippi it is important to know the following about filing your claim:

  1. Only eligible parties are allowed to file a Mississippi wrongful death claim, including:
    1. Spouses.
    2. Children.
    3. Parents.
    4. Siblings.
    5. Representatives of the deceased estate.
  2. The statute of limitations to file a wrongful death suit in Mississippi is 3 years from the date that your loved one passed. This is true if your loved one died because of another party’s negligent actions. In cases where your loved one was harmed intentionally, like through assault by example, and that resulted in their death you have only one year to bring about your claim.
  3. If your loved one died because of any of the following, you are within your right to file a wrongful death claim in Mississippi:
    1. Violence and deliberate harmful actions were taken on your loved one.
    2. Hazards on another entity’s property lead to deadly injuries.
    3. Medications and food were toxic and caused death.
    4. Negligent behavior caused your loved one’s fatal accident.
    5. A product that you bought and used correctly was defective and inflicted fatal damages.
  4. The value of your claim will be unique to your family’s non-economic damages and economic damages. Potentially, punitive charges could be added in if your loved one died from appalling and egregious circumstances. Although, punitive damages are rarely served. The state of Mississippi does though, limit non-economic damages:
    1. There is a $500,00 cap on medical malpractice claims.
    2. There is a $1 million cap on a defective product claim.
    3. There is a $1 million cap on defective pharmaceutical claims.
  5. Damages are distributed the following way:
    1. Spouses that file will divide the money between themself and children if they exist.
    2. If there are no children or a surviving spouse, then the victim’s parents and siblings will divide the proceeds of the claim.
    3. When no family members exist, a legal representative could receive the money from the claim.

Speak to a Mississippi Wrongful Death Attorney Today

If you have questions or need help with a wrongful death suit in Jackson, Mississippi, call the Jackson injury attorney at Germany Law Firm, PLLC to schedule a free consultation at (601) 487-05558.