Who Can File a Wrongful Death Lawsuit in Mississippi?

Posted: Mar 06, 2017 3:06 PM

According to a review in the Journal of Patient Safety, medical errors are responsible for between 210,000 and 440,000 hospital deaths annually. Losing a loved one to an easily preventable mistake is devastating, and it is only natural for family members to seek justice because everyone should be able to rely on a certain standard of care.


Healthcare providers are not the only ones responsible for accidental deaths, though. According to the Centers for Disease Control and Prevention, unintentional injuries are a leading cause of death in the United States.


If you lost a loved one to unintentional injuries because of someone else’s reckless or negligent behavior, your medical malpractice attorney may be able to help. Turn to the Law Office of Randolph C. Wood, PLLC for compassionate legal representation.


Attorney Randolph C. Wood can evaluate your case to determine if you have grounds for a wrongful death claim. Call 601-709-3584 to schedule an initial consultation, and read on to learn more about filing a lawsuit on behalf of your deceased loved one:


Who Can File a Wrongful Death Lawsuit in Mississippi?


The laws regulating wrongful death suits, including who may be eligible to file a claim, vary by state. In Mississippi, the following parties may file a wrongful death lawsuit against the negligent or reckless party allegedly responsible for the death of their loved one:


  • The personal representative of the deceased’s estate;
  • The deceased’s surviving spouse;
  • The deceased’s surviving parent or child; or
  • Any surviving siblings of the deceased.


What Kind of Damages Can You Recover in a Wrongful Death Settlement?


In a wrongful death claim, the damages will either go to the deceased’s estate or to the beneficiaries directly. The deceased’s estate can pursue damages for:


  • Medical expenses;
  • Funeral and burial expenses; and
  • Damaged property.


The beneficiaries can pursue damages for:


  • Pain and suffering incurred as a result of their loss;
  • Their loss of society and companionship; and
  • The net cash value any lost wages or benefits of the deceased.


What Is the Statute of Limitations for Filing a Wrongful Death Suit?


In the state of Mississippi, the family of the deceased only has a limited amount of time to file a wrongful death lawsuit and pursue damages. If the death occurred as a result of an intentional act, like assault or battery, the family has one year within the date of death to file a claim. If the death occurred as a result of general negligence, the family has three years from the date of passing to pursue compensation; if the death occurred as a result of medical negligence, there is a two-year limitations period.


If your family lost a loved one to a preventable accident, filing a lawsuit may not be one of your main priorities; however, the sooner you talk to an attorney, the stronger your case will be. Evidence becomes harder to gather as more time passes, so consider filing a suit as soon as possible.


If you want to discuss your family’s situation with a wrongful death lawyer, turn to the Law Office of Randolph C. Wood, PLLC. Call 601-709-3584 to arrange an initial consultation with Mr. Wood.