August 3, 2022

Can Children File a Wrongful Death Suit in Mississippi?

A wrongful death event can happen in many ways. Whether it be a deadly slip and fall incident, a fatal car crash, medical malpractice that results in death, or even a defective product that causes deadly injuries, there are several ways that a person can lose their life as a result of another individual or entity’s negligence. When a wrongful death accident happens, who is able to file a claim for compensation for such a tragic loss will vary based on the state you live in because each state has its own laws regarding who is eligible to recover damages from wrongful death civil suits.

In Mississippi, if you lost a loved one in an accident caused by another party, then you may be able to file a claim for compensation on your lost loved one’s behalf. At the Germany Law Firm, PLLC, Bob Germany is a Southaven wrongful death attorney that can meet with you to review your case and provide you with legal counsel on your options and ability to obtain compensation.

How Can Children File a Wrongful Death Suit in Mississippi?

, Can Children File a Wrongful Death Suit in Mississippi?, Germany Law Firm PLLCThe loss of a parent can be incredibly distressing, tragic, and heart-rending no matter what age the children are. Even when children are all grown up with a family of their own, losing a mom or a dad is never easy. But when children are much younger and are so dependent on their parents the loss of one or both can up-end their entire lives. 

Mississippi wrongful death statutes do allow children that lose a parent in a wrongful death event to be able to sue the negligent party for financial compensation. Adult children are going to have an easier time than minor children when it comes to filing a claim. Though, adult children who are independent and do not heavily rely on their parents to live their lives are typically going to receive lower settlements than younger children that need the income and mentorship of their parents. 

If the children are minors, they will need assistance to file a Mississippi wrongful death claim after the loss of a parent. If only one parent died, then the minor’s surviving parent would be able to file the claim on behalf of the children. If there are no surviving parents, then either the executor or the party that has the power of attorney for the parents would be able to file the suit on behalf of the children.

Mississippi only allows one wrongful death suit to be filed after death happens, but if there is more than one eligible party that wants to be included, they can join the suit. If a spouse wants to file a claim they can, and children, parents, or siblings, for example, can all join together in the lawsuit.

Speak with an Experienced Southaven wrongful death attorney

The statutes related to wrongful death and what rights victims have for recovery in these instances can be complicated. For help with a wrongful death lawsuit in Mississippi, the Mississippi wrongful death attorney at the Germany Law Firm, PLLC can meet with you during a free consultation. Please call (601) 487-0555 today.

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