Normally on our weekly blog posts, I try and make light-hearted and witty title to try and catch a reader’s eye. But when it comes to topics like the loss of a loved one in an accident, there is no room for such antics. The simple fact is that death of a close family member is always tough, but when the loss is unexpected and due to another person’s actions, that anguish is even worse. When a death is caused by another person or entity’s negligent acts it is considered a wrongful death under the laws of this State, and there is a legal remedy for the families of the deceased to pursue. Obviously, money will not fill the hole left by the death, but financial compensation can help ease the burden of loss. Below is a quick overview of what is considered a wrongful death, who can pursue a wrongful death action, and what is recoverable.
What is Considered a Wrongful Death and Who Can File an Action
The applicable law that defines what a wrongful death is found at Mississippi Code Ann. § 11-7-13. It states that:
“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. . .”
Based on the law, an action (lawsuit) for a wrongful death may be filed or pursued by a surviving spouse, parent, child, sibling, or personal representative of the deceased’s estate.
Recoverable Damages in Wrongful Death Action
Some common damages that a wrongful death beneficiary is entitled to in a wrongful death action include:
- The loss of love, care, protection, consortium, and companionship;
- Pain and suffering your loved one endured due to the fatal injury or illness;
- Medical costs resulting from the fatal injury or illness to the deceased;
- Lost income of the deceased;
- Mental anguish and distress;
- Funereal Costs; and
- Lost Retirement/Pension funds (if available);
Contact the Personal Injury Attorneys at ‘’Maggio|Thompson Today!
If a loved one has been the victim of what is considered a wrongful death while in Mississippi, contact the experienced and serious personal injury attorneys at ‘’Maggio|Thompson.