The sudden and untimely death of a loved one is emotionally devastating.

When the death was avoidable and was the result of another party’s negligence, the situation is even more shocking and upsetting. In these cases, the close family can file a wrongful death claim to seek justice and compensation.

What is a Wrongful Death Claim?

A wrongful death claim is a legal action brought against another party who has committed negligent, reckless, or intentional acts that led to the death of another. A wrongful death claim allows the surviving family members to pursue compensation and hold the responsible parties accountable for the devastation they have caused.

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Types of Wrongful Death Cases in Mississippi

A wrongful death claim can be brought against another party (or parties) when that party was responsible for the death of a loved one in various types of accidents and incidents, including but not limited to the following:

  • Car Accidents: Fatal injuries resulting from negligent driving conduct, such as speeding, drunk driving, or reckless driving.
  • Trucking Accidents: The death of a loved one after a collision with a commercial truck that was operated negligently or when the truck equipment failed, causing an accident.
  • Medical Malpractice: An untimely death due to a surgical error or a failure to treat a patient with the accepted standard of care.
  • Motorcycle Accidents: A motorcyclist hit by a negligent driver can suffer fatal injuries.
  • Defective Products: Deaths caused by faulty or defective consumer items.
  • Premises Liability Cases: Loss of life due to hazardous conditions on private, public, or commercial property. 
  • Boating Accidents: Fatal injuries resulting from various types of watercraft accidents caused by negligent or reckless boat operations.
  • Birth Injuries: The death of a newborn or a mother due to a failure to provide the accepted standard of care during labor or delivery.
  • Hunting Accidents: Fatal injuries caused by the negligent or reckless use of a firearm.
  • Jones Act Cases: The loss of life of a maritime worker due to a failure to provide safe working conditions on ships or offshore rigs.
  • Nursing Home Deaths: The death of a nursing home resident resulting from neglect, abuse, or substandard care.
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Who Can File a Wrongful Death Lawsuit in Mississippi?

A wrongful death lawsuit can be filed by specific individuals under Mississippi law § 11-7-13, Actions for Injuries Producing Death. The parties bringing the lawsuit can be the surviving spouse, surviving parents, children of the deceased, siblings, and the personal representative of the individual’s estate. Only one wrongful death lawsuit can be brought, but all parties can join the lawsuit.

What Compensation Can Be Sought in a Wrongful Death Claim?

Several types of compensation can be sought in these cases, which include the following:

  • The funeral and burial expenses
  • Loss of income provided by the deceased person
  • Loss of future estimated financial support
  • All medical bills related to treatment before the death 
  • Loss of companionship and emotional support
  • Pain and suffering experienced by the deceased person prior to passing away

Why Choose ‘Maggio Law in a Wrongful Death Case?

At Maggio Law, your case will be given the attention it deserves, as well as all the resources necessary to pursue a favorable outcome. We bring years of experience in challenging wrongful death cases. Led by Mississippi’s own Mike Saltaformaggio, a trial-tested and talented attorney, you can trust that we will go the distance in seeking justice and full compensation for your loss. Our firm delivers the following:

  • Personalized Representation: You will be assisted by our lawyers, including Mike Saltaformaggio, and will not be turned over to an assistant or paralegal. You will have access at all times and will have Mike’s cell phone number so you can contact him directly. 
  • Comprehensive Investigation: We can gather and preserve all supporting evidence, call on professional experts, and interview witnesses to the incident leading to death.
  • No Fees Unless We Win: Our services are on a contingency fee basis, with no legal fees unless we are successful.

If you’ve lost a loved one due to negligence, you must be represented by an experienced, energetic, and talented attorney. Let ‘Maggio Law help you seek justice and protect your family's future well-being.

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