Coping with a loved one’s death is always difficult, especially if someone else’s negligence caused the loss. You are navigating grief and anger and do not know how to proceed. Luckily, you can pursue compensation for your loss.
A Jackson wrongful death lawyer could navigate a claim while you focus on healing. Our personal injury attorneys could fight tirelessly to uphold your rights and ensure full accountability. While no amount of money can undo your suffering, it can lift huge burdens and provide a new path forward.
Wrongful death occurs when someone dies due to a another’s unlawful act or negligence. Surviving family members, typically spouses, children, or parents, may bring a wrongful death case to seek compensation for their loss.
Common causes of wrongful death are:
Property owners have a legal obligation, also known as a “duty of “care”, to maintain safe conditions on their property and to warn guests about any known hazards that could cause an injury. When a property owner breaches their duty and someone is injured or killed, the owner may be held liable.
The workers’ compensation system provides advantages to employees injured or killed on the job. For example, surviving family members of an employee who died in a workplace accident may file a worker’s compensation claim. They may also file a wrongful death lawsuit against parties whose negligence or wrongful actions contributed to the death. This could include the employer and other third parties if a Jackson lawyer could prove that gross negligence or intentional misconduct contributed to the wrongful death.
State product liability laws hold manufacturers, distributors, and sellers liable for defective products that cause death. The three types of defects that can lead to liability claims are design defects, manufacturing defects, and marketing defects.
Mississippi Wrongful Death Act Title 11, Chapter 7, §§ 11-7-13 to 11-7-15 outlines who can bring a wrongful death claim. The Act reserves the right to file a claim for those closely related to the deceased person. If the deceased individual was married when they died, the surviving spouse usually has the exclusive right to file a claim.
If the spouse does not file a claim or is not living, the surviving children may file a claim instead, whether they are biological, adopted, or illegitimate.
If there is no spouse or children, the deceased person’s parents may file a wrongful death claim. A personal representative of the estate may file a claim if there are no spouses, children, or parents. The representative acts on behalf of the estate and distributes the damages according to the decedent’s will or intestate laws if the decedent dies without a will.
An attorney in Jackson could review the circumstances surrounding the wrongful death, consider the potential legal options, and define the rights and options available. During the investigation, our lawyers could gather evidence including medical records, witness statements, accident reconstruction reports, and police reports. This helps them determine potentially liable parties.
If there are grounds for a wrongful death claim, the attorney will file a lawsuit on behalf of the surviving family members or estate of the decedent. In many instances, the parties may negotiate to settle the case out of court.
If the parties cannot reach a settlement, then they will present their evidence and arguments before a judge or jury. The fact finders will determine whether the defendant or defendants are liable for the death and the amount of damages to be awarded.
While no amount of monetary damages can ever make up for your loved one’s tragic passing, it can help provide closure and financial stability during an unimaginable hardship. We could take on your case with a commitment to justice and help you receive the compensation you deserve. Call today to schedule your consultation with a Jackson wrongful death lawyer today.
In Mississippi, the personal representative or executor of the deceased person’s estate is the only party legally authorized to file a wrongful death lawsuit on behalf of the surviving family members. Surviving family members who may benefit from the lawsuit include the spouse, children, parents, and sometimes siblings or other dependents, but they cannot file the lawsuit themselves—it must be filed by the estate representative. If no estate has been opened, we help the family petition the court to appoint a personal representative so the wrongful death claim can proceed.
Mississippi law allows recovery for the value of the life of the deceased, which includes lost future earnings and financial support, loss of services and guidance, funeral and burial expenses, and the mental anguish and grief suffered by surviving family members. Economic damages include the present value of all income the deceased would have earned over their lifetime, benefits they would have provided, and household services they performed. Non-economic damages compensate the family for loss of companionship, guidance, love, and the profound impact of losing their loved one.
Yes, Mississippi wrongful death law specifically allows recovery for the mental anguish, grief, and loss of companionship suffered by surviving family members. This includes the emotional trauma of losing a parent, spouse, child, or other loved one and the lifelong impact on the family’s wellbeing. These damages recognize that the loss of a loved one causes profound suffering beyond just financial losses, and juries can award substantial compensation for the family’s pain and suffering.
A criminal conviction for charges like vehicular homicide or DUI manslaughter strengthens your civil case because it establishes the defendant’s negligence or recklessness, though you can still win your civil case even if criminal charges aren’t filed or result in acquittal. Criminal and civil cases have different standards of proof—criminal requires proof “beyond a reasonable doubt” while civil requires only “preponderance of the evidence.” We can use evidence from the criminal case including police reports, witness testimony, and the defendant’s statements to prove liability in your wrongful death lawsuit.
Mississippi law requires wrongful death proceeds to be distributed according to the state’s intestacy laws (inheritance rules) unless a judge orders otherwise based on the family’s specific circumstances. Typically, a surviving spouse receives the largest share, with children dividing the remainder, but the court has discretion to allocate damages based on each family member’s actual loss and dependency on the deceased. We work with the family and the court to ensure fair distribution that reflects each person’s relationship with and reliance on the deceased.
Life value is calculated by combining economic factors like the deceased’s age, earning capacity, work-life expectancy, and benefits they provided, plus non-economic factors including their relationship with family, guidance provided to children, and the love and companionship lost. We hire economists and actuaries to project lifetime earnings and calculate present value, while presenting evidence of the deceased’s unique contributions to their family that cannot be measured in dollars. The goal is to fairly compensate the family for both the financial support and intangible benefits they’ve lost for the rest of their lives.
Even if the deceased was retired, unemployed, or performed unpaid work like homemaking or childcare, their life still had significant economic and non-economic value. We calculate the value of household services performed, childcare provided, guidance and mentorship given to family members, and pension or Social Security income that would have continued. Additionally, the emotional value of companionship, love, guidance, and support is compensable regardless of employment status, and retirees or homemakers can still result in substantial wrongful death awards.
Yes, Mississippi law allows punitive damages in wrongful death cases when the defendant’s conduct was grossly negligent, reckless, or intentional, such as drunk driving, street racing, or extreme speeding. Punitive damages are designed to punish the wrongdoer and deter similar conduct, and they can significantly increase the total compensation beyond compensatory damages. These damages are awarded in addition to economic and non-economic damages when the defendant’s behavior was particularly egregious.
A survival action compensates the deceased’s estate for losses the deceased personally suffered before death, including pre-death pain and suffering, medical expenses, lost wages from injury to death, and property damage. A wrongful death action compensates surviving family members for their losses after the death, including lost financial support, loss of companionship, and grief. Both claims can be pursued simultaneously in Mississippi, with survival action damages going to the estate (distributed according to the will) and wrongful death damages distributed according to intestacy laws or court order.
Mississippi’s statute of limitations for wrongful death lawsuits is three years from the date of death, though the clock may be extended in certain circumstances such as fraudulent concealment or if the defendant leaves the state. Waiting too long can result in losing your right to file forever, and evidence becomes harder to obtain as time passes. We recommend contacting an attorney as soon as possible after the death to preserve evidence, investigate the case thoroughly, and ensure all deadlines are met.
