If you’re able to file a wrongful death claim, chances are you will experience a bit of stress and emotional pain. You may even have financial difficulties depending on the contribution of the deceased person to your household. Filing a wrongful death claim is your right if you qualify and need help through the process, it’s only natural.
In the state of Mississippi, certain requirements apply to people who choose to file a wrongful death claim. For this reason, considering working with an attorney who understands the wrongful death process in the state could be extremely helpful.
Bob Germany is a Jackson’s wrongful death lawyer who can answer your questions and advocate on your behalf. For more than four decades, Bob Germany has pursued people who have suffered injuries and died as a result of the negligence of others.
5 facts about a wrongful death claim in Mississippi
Each state has its own requirements and guidelines on how to handle a wrongful death claim. In Mississippi, it’s important to know the following about filing your claim:
- Only eligible parties are allowed to file a Mississippi wrongful death claim, including:
- Brothers and sisters.
- Representatives of the deceased estate.
- The statute of limitations for bringing a wrongful death lawsuit in Mississippi is 3 years from the date of your loved one’s death. This is true if your loved one has died due to the negligent acts of another party. In cases where your loved one was injured intentionally, for example by assault, and which resulted in their death, you only have one year to exercise your right.
- If your loved one has died due to any of the following, you have the right to file a wrongful death claim in Mississippi:
- Violence and willful harm have been committed against your loved one.
- Hazards on the property of another entity result in fatal injury.
- The drugs and food were poisonous and caused death.
- Careless behavior caused the fatal accident for your loved one.
- A product that you bought and used correctly was faulty and caused fatal damage.
- The value of your claim will be unique to that of your family non-economic damage and economic damage. Potentially, punitive charges could be added if your loved one dies from appalling and egregious circumstances. However, punitive damages are rarely served. The State of Mississippi, however, limits non-economic damage:
- There is a limit of $ 500.00 on medical malpractice claims.
- There is a $ 1 million cap on a defective product claim.
- There is a cap of $ 1 million on defective drug claims.
- The damage is distributed as follows:
- The spouses in this file will split the money between themselves and the children if they exist.
- If there are no surviving children or spouse, the parents and siblings of the victim will share the proceeds of the claim.
- When no family member exists, a legal representative could receive the claim money.
Speak to a Mississippi wrongful death attorney today
If you have any questions or need help with a wrongful death lawsuit in Jackson, Mississippi, call it Jackson’s personal injury lawyer to the German law firm, PLLC to schedule a free consultation at (601) 487-05558.