Death is hard enough as it is, but there is a different kind of pain involved when you know that the death could have been avoided. Death as a result of someone else’s negligent act is called wrongful death. A free consultation with a Mississippi Death Attorney may be your best resource if a loved one has been killed and your family is in this situation and can explain what you can expect moving forward.
Wrongful death lawsuits often occur after negligent mistakes, or intentional conduct that causes the death of an individual. Spouses, children, parents or siblings of the individual are able to bring a suit for similar damages in a Wrongful Death Action that the individual would have brought if he had been injured but not been killed.
Mississippi Death Attorney
A wrongful death is any death which occurs as a result of someone else’s negligence. These wrongful death situations can be as a result of a car wreck, drunk driver, motorcycle wreck, 18 wheeler crash, injury on the job, negligent killing, or one of many other similar situations.
Wrongful Death Damages
There is no way to bring back a loved one, but Mississippi’s law allows for damages (payment to the family) for what the deceased individual would have made over the rest of their life, the emotional loss of the family as a result of the wrongful death, and also any pain and suffering that the individual experienced prior to their death. This is only a very little comfort, but an experienced Mississippi Death attorney will know what to do with these Wrongful Death lawsuits allow a family to have answers as to what really happened to their loved one, allow them to make sure it doesn’t happen again regain their financial security after a huge loss in their lives.
If you have faced a situation where a loved one has died and have any questions contact us for a free consultation with a Mississippi Death Attorney about your case and we will help to sort through the issues and put your loss and your future in perspective.
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Mississippi Wrongful Death Statute
Wrongful Death suits are controlled by the Mississippi Code Statute 11-7-13 entitled “Actions for injuries producing death.”
Whenever the death of any person or of any unborn quick child shall be caused by any real, wrongful or negligent act or omission, or by such unsafe machinery, way or appliances as would, if death had not ensued, have entitled the party injured or damaged thereby to maintain an action and recover damages in respect thereof, or whenever the death of any person or of any unborn quick child shall be caused by the breach of any warranty, express or implied, of the purity or fitness of any foods, drugs, medicines, beverages, tobacco or any and all other articles or commodities intended for human consumption, as would, had the death not ensued, have entitled the person injured or made ill or damaged thereby, to maintain an action and recover damages in respect thereof, and such deceased person shall have left a widow or children or both, or husband or father or mother, or sister, or brother, the person or corporation, or both that would have been liable if death had not ensued, and the representatives of such person shall be liable for damages, notwithstanding the death, and the fact that death was instantaneous shall in no case affect the right of recovery. The action for such damages may be brought in the name of the personal representative of the deceased person or unborn quick child for the benefit of all persons entitled under the law to recover, or by widow for the death of her husband, or by the husband for the death of the wife, or by the parent for the death of a child or unborn quick child, or in the name of a child, or in the name of a child for the death of a parent, or by a brother for the death of a sister, or by a sister for the death of a brother, or by a sister for the death of a sister, or a brother for the death of a brother, or all parties interested may join in the suit, and there shall be but one (l) suit for the same death which shall ensue for the benefit of all parties concerned, but the determination of such suit shall not bar another action unless it be decided on its merits. Except as otherwise provided in Section 11-1-69, in such action the party or parties suing shall recover such damages allowable by law as the jury may determine to be just, taking into consideration all the damages of every kind to the decedent and all damages of every kind to any and all parties interested in the suit.
As you can see from the statute above these claims can become complicated quickly, and the guidance of a Mississippi Death Attorney may be invaluable to assist in bringing your claim. The recovery that is available in these claims is outlined further in the statute.
Damages for the injury and death of a married man shall be equally distributed to his wife and children, and if he has no children all shall go to his wife; damages for the injury and death of a married woman shall be equally distributed to the husband and children, and if she has no children all shall go to the husband; and if the deceased has no husband or wife, the damages shall be equally distributed to the children; if the deceased has no husband, nor wife, nor children, the damages shall be distributed equally to the father, mother, brothers and sisters, or such of them as the deceased may have living at his or her death. If the deceased have neither husband, nor wife, nor children, nor father, nor mother, nor sister, nor brother, then the damages shall go to the legal representative, subject to debts and general distribution, and the fact that the deceased was instantly killed shall not affect the right of the legal representative to recover. All references in this section to children shall include descendants of a deceased child, such descendants to take the share of the deceased child by representation. There shall not be, in any case, a distinction between the kindred of the whole and half blood of equal degree. The provisions of this section shall apply to illegitimate children on account of the death of the mother and to the mother on account of the death of an illegitimate child or children, and they shall have all the benefits, rights and remedies conferred by this section on legitimates. The provisions of this section shall apply to illegitimate children on account of the death of the natural father and to the natural father on account of the death of the illegitimate child or children, and they shall have all the benefits, rights and remedies conferred by this section on legitimates, if the survivor has or establishes the right to inherit from the deceased under Section 91-1-15.