Who Can File a Wrongful Death Claim in Mississippi?

Published on Aug 12, 2021 at 11:37 am in Wrongful Death.
Who Can File a Wrongful Death Claim in Mississippi?

When someone else is negligent and causes an accident, sometimes they cause injuries and physical damages to you or a loved one. In worst case scenarios, that negligence can lead to the untimely death of any member involved in the accident. The person who was responsible for what happened should be held accountable for their wrongful actions.

As their surviving relative, you likely have to handle the finances and funeral arrangements for your deceased loved one. Since their death was caused by someone else’s wrongdoings, you shouldn’t have to worry about paying for their funeral and burial costs as well as any medical bills leading up to their death. That’s why you need to know who can file a wrongful death claim in Mississippi so that you can recover compensation for your loved one’s death.

Mississippi Wrongful Death Statutes

When you’re considering filing a wrongful death claim, you should know who is eligible to take legal action for your deceased loved one so that you know whether or not you should go through the process. Let’s take a look at Mississippi wrongful death laws so that you can fully understand whether or not you’re able to file a claim to get justice for the untimely death of your loved one.

According to Mississippi Statute, there are only four different groups of people who can file a wrongful death claim in our state. They are:

  • The personal representative of the deceased’s estate
  • The surviving spouse of the deceased
  • The surviving parents of the deceased
  • The surviving siblings of the deceased

While there can only be one wrongful death case filed for your deceased loved one, all of the parties listed above can come together to file a claim. This ensures that there is full representation of the loved ones affected by the wrongful death and help get the deceased the justice that they deserve.

Another important aspect of a wrongful death claim is making sure you file within the statute of limitations. If you miss this time limit, you won’t be able to file to recover any compensation. In Mississippi, the wrongful death statute of limitations is three years. This means that you have three years from the date of your family member’s death to file a claim.

Having a wrongful death lawyer on your side can help you determine whether or not you’re a person who is eligible to file a claim and if you’re within the statute of limitations. Your attorney will also be able to answer all of your questions so that you are supported throughout the process.

What You Can Recover in a Wrongful Death Claim

Now that you know that you can file a claim to get justice for your loved one’s untimely death, you should know exactly what a claim can help financially recover for your family as well. As with a personal injury claim, these are called damages and are typically separated by type, which are economic and noneconomic.

Economic damages are the costs that your deceased loved one suffered before they passed, and the additional costs that were incurred because of their death. Noneconomic are less concrete. They’re the emotional tolls and costs that your loved one and the surviving family members have because of their loss.

Here are some of the economic and noneconomic damages that you can recover in a wrongful death claim:

  • Medical expenses preceding death
  • Funeral and burial costs
  • Property damage caused by the accident
  • Lost wages and benefits of the deceased
  • Pain and suffering of the deceased
  • Loss of consortium for a surviving family member

In some cases, gross negligence is involved in the accident. When that happens, you might be able to recover punitive damages on top of the other two. These are intended to punish the negligent party for their actions so that others are deterred from doing the same thing.

Corban Gunn Will Fight for Your Family

Dealing with the passing of a loved one is difficult on many fronts. One of those could be figuring out how you’ll pay for their burial and funeral so that you can have closure for their death. You might also be wondering how you’ll pay for the bills they incurred before their death or the lost income you’ll experience from their passing.

That’s where a Biloxi, MS wrongful death lawyer comes in. At Corban Gunn, Attorney at Law, we understand how stressful and tragic your loved one’s passing can be, which is why we’re dedicated to making the process as easy as possible for you. Contact us today so that we can get started on your claim right away.



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