Miss. Code Ann. § 15-1-49 sets the statute of limitations for wrongful death in Mississippi. Under this law, you must file a lawsuit by the third anniversary of your loved one’s death, in most cases. However, the circumstances of the accident could alter this.
Occasionally, we will handle a claim where the fatal injuries occurred due to an intentional act. When this happens, the statute of limitations is generally only one year from the date you discovered the deliberate act.
Recovering Compensation in a Wrongful Death Case
While you have three years to sue and prepare for trial, most cases never progress to this step. Instead, many result in a settlement agreement between the claimant and the liable party’s insurer. This option allows the victim’s family to recover compensation for damages such as:
- Burial and funeral expenses
- Medical care costs for the deceased before their untimely death
- Property damages
- Lost wages, income, and benefits
- Loss of services
- Intangible losses
- Mental anguish for survivors
- Loss of companionship and guidance
Does Mississippi Put Damage Caps on Wrongful Death Cases?
Mississippi does cap some types of losses in these cases. This limitation primarily affects non-economic losses in specific incidents. In a wrongful death claim, it could prevent you from recovering compensation for intangible losses beyond the set limits.
A Mississippi wrongful death attorney from our firm can further explain how the damage caps could affect your possible settlement or verdict. We will discuss this and other questions you have about your case during a complimentary consultation.
For a free legal consultation, call (800) 537-8185
Who Can Pursue Damages in a Mississippi Wrongful Death Action?
Under Miss. Code Ann. § 11-7-13, there are limits on who can begin the wrongful death process in Mississippi. In general, the deceased’s personal representative should navigate this process for the family.
The personal representative, or executor of the estate, will seek compensation on behalf of all heirs. There is one single case that represents the rights of all immediate family members and other heirs. If there is no personal representative, the deceased’s surviving spouse or parent may take legal action for themselves and other relatives.
What Qualifies As a Wrongful Death?
Almost any situation that involves fatal injuries from another party’s actions could qualify for a wrongful death claim or lawsuit. For example, factors that frequently appear in these cases include:
- Car crashes
- Construction accidents
- Premises liability
- Plane crashes
- Drunk driving
- Defective products
- Motorcycle collisions
- Nursing home abuse
- Truck crashes
- Boating accidents
In general, you may have a viable case if your loved one could have sought and recovered damages had they survived their injuries. As they would have, you will need to prove negligence, liability, and the value of your expenses and losses to receive a just payout.
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How Can a Lawyer Help You Seek Wrongful Death Damages?
The attorneys on our team know what it takes to develop a claim and can apply this knowledge to support your wrongful death case in Mississippi. When you choose our firm, we will:
- Listen to your account of your loved one’s fatal incident
- Advise you of the legal options available
- Investigate your loved one’s accident
- Collect evidence of fault, liability, and your family’s damages
- Identify the liable party or parties
- Estimate the value of each damage
- Prepare all of the insurance and legal paperwork
- Demand justice and a fair payout
- Speak for your family during negotiations
- Take the case to court if the liable party’s insurer will not provide an appropriate settlement
Our lawyers provide all of these services on a contingency-fee basis, in addition to offering a free, no-obligation case review before we begin. Under this fee structure, you do not have to pay for your initial consultation or other upfront costs. We only collect our payment when we deliver your compensation.
We’ll Keep Your Case on Track with Mississippi’s Statute of Limitations
One of your attorney’s primary jobs is to protect your rights. To this end, our firm will ensure you meet all applicable deadlines, including the statute of limitations. Allowing the filing deadline to pass can prevent you from securing the compensation you’re after, so we fight to keep this from happening.
If the deadline gets too close and there is no fair settlement agreement on the table, suing the at-fault parties may be necessary. This does not mean your case will go to trial. However, it does show the insurers and other attorneys you are serious about doing so if necessary.
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Discuss Your Options with an Attorney from Morris Bart, LTD for Free
You can speak with a wrongful death attorney in Mississippi for free today. We have three locations and can handle cases from anywhere in the state. We will evaluate the strength of your case and explain the services we can provide.
Let us review your legal rights and options. Call (800) 537-8185 today to get started with a complimentary consultation right away.
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