Jackson, MS Wrongful Death Attorneys
Let Us Help You Seek Justice & Peace of Mind
The loss of a loved one is a tragic event. There is nothing ‘Maggio | Thompson, LLP or any other firm can do to rid you of the pain and loss associated with such a tragedy. There is no amount of money that can replace a parent, spouse, child, or other loved one. What we can offer is strength and guidance through such a trying time. You and your family could be entitled to funeral expenses, medical expenses, loss of income, pain and suffering, and even more importantly, loss of the loved one’s support, love, and guidance. Holding the at-fault party responsible can also bring peace of mind.
When you choose ‘Maggio | Thompson, LLP, we guarantee:
- Compassionate support when you need it most.
- Sensitivity to your situation and needs.
- The pursuit of justice for your loved one.
Should you decide to pursue a wrongful death lawsuit through our firm, you will pay no legal fees unless our Jackson wrongful death lawyers recover compensation for you. We will front all costs and expenses and will eliminate as much stress as possible through this difficult time.
For a free initial consultation and case evaluation, call (601) 265-6869.
What Is a Wrongful Death Lawsuit?
A wrongful death suit is a civil lawsuit that a family member can file after a loved one’s death. This type of lawsuit is used to seek compensation for the emotional and financial hardship a family faces after someone’s actions caused the death of a loved one. A wrongful death can be due to someone else being negligent, reckless, or deliberately malicious.
Mississippi Wrongful Death Law
Mississippi Code Ann. § 11-7-13 defines a “wrongful death” as a death that is caused by:
- “Any real, wrongful, or negligent act or omission,” and/or
- “Unsafe machinery, way, or appliances,” and/or
- “The breach of any warranty” of fitness of any item intended for human consumption.
A “wrongful death” could be associated with a car wreck, trucking accident, defective product or drug, or any other action, or inaction, of a third party. The death could also be as a result of medical malpractice. Identifying cause will shed light on which party (or parties) should be held legally responsible. Using our experience and working with trusted investigators and experts in all relevant fields, our Jackson wrongful death attorneys fight to maximize our clients’ recoveries.
Who Can File a Wrongful Death Claim in Mississippi?
Wrongful death claims in Mississippi may be brought by certain family members of the deceased person. These include:
- A personal representative of the estate
- Surviving spouse
- Surviving parent or child
- Surviving siblings
Most wrongful death claims are typically brought by the deceased person's spouse. If the deceased person had any children, the awarded damages are split equally between the surviving spouse and children. If the deceased person was single or not legally married, a surviving parent or sibling may pursue a wrongful death claim.
Compensation for Wrongful Death in Mississippi
Plaintiffs in Mississippi wrongful death claims may be awarded compensation in the form of economic and non-economic damages.
- Economic damages are meant to compensate the victim's family for quantifiable losses that can be calculated. This may include the deceased person's final medical expenses, burial and funeral costs, lost wages and other income, and property damage.
- Non-economic damages seek to provide compensation for other types of harm that are more difficult to assign a direct value to, such as pain and suffering of the deceased, emotional distress, loss of companionship, and loss of consortium.
The type and amount of compensation awarded will vary depending on the specific circumstances of your case. The best way to estimate the value of a wrongful death claim is to speak with an attorney.
Mississippi Wrongful Death Statute of Limitations
Every state in the nation has rules about how long people can wait between an incident happening and a lawsuit regarding the incident. This is referred to as the statute of limitations, and it varies wildly depending on where you live and what type of lawsuit you wish to file.
In Mississippi, there are two separate time limits that apply to wrongful death cases filed within the state's courts:
- If the death was the result of an intentional act, the wrongful death claim must be filed within one year of the date of death.
- If the death was caused by negligence, the wrongful death claim must be filed within three years of the date of death.
However, some states require you to file within one year while others let you wait up to six years. You will have to check the laws of your state to find the exact answer.
Can Anything Alter the Statute of Limitations?
Though each state has their own standard for how long you can wait, certain things can change the time period. You may have less time to wait before suing if you are naming a municipality as the defendant in your suit. If the only person capable of filing the case is a minor, the statute of limitations clock will not start counting down until they turn 18.
If you have already passed the statute of limitations but find out new information, such as evidence of medical malpractice, the discovery that a product was dangerous, or purposefully concealed information about the death, the discovery of this evidence may reset the clock. Keep in mind that each state will have rules about what changes the statute of limitations, so you will need to read their laws carefully.
What About Wrongful Deaths That Occur Years After an Incident?
Wrongful death claims get a little trickier when a person is injured due to the preventable actions of another person and then dies years afterwards due to the complications of the injury. Many family members assume that the statute of limitations will start once the person dies. However, the statute of limitations count down normally begins back when the initial injury was received.
There are only a few exceptions to this rule. If the person did not notice harm until far after the incident, such as discovering they had cancer years after a negligent company sold them something carcinogenic, the statute of limitations might not start until the harm was discovered. As always, new evidence coming to light may also set the statute of limitations.
Contact ‘Maggio | Thompson, LLP Today
If you, a friend, or a loved one have recently lost someone due to the negligence of another, it is imperative that you seek out a competent attorney to assist you with your claim. Our lawyers are here to offer guidance, understanding, and advocacy during this trying time.