When someone dies, the deceased’s family is often flooded with a variety of emotions. I frequently spend time with clients who have lost a loved one who are tremendously sad and angry. They are often financially devastated by the medical bills accompanying their loved one’s death, as well as a loss of income. If another party’s negligence caused the death, then a wrongful death suit may be a fruitful avenue for attaining compensation for those losses. I have helped many Mississippi families understand the legal basis for a successful wrongful death lawsuit and can help you too.
If your loved one has been killed, you must immediately retain experienced counsel to help you attain your fair share of compensation for your loss. Barrett Law has the experience to help you, contact us now at (601) 790-1505.
What is a Wrongful Death Case and Who Can Bring One in Mississippi?
In Mississippi, wrongful death is defined as killing anyone “by any real, wrongful or negligent act or omission.” That is broad language, but it generally means that a person must be killed as a result of either an ill-intended act or an error that that he or she could have anticipated and avoided.
Obviously, the deceased person cannot bring a wrongful death suit on his or her behalf. But who can file the lawsuit? Wrongful death cases in Mississippi must be brought under statute § 11-7-13, Actions for Injuries Producing Death. That statute lays out a fairly complex network of familial relationships that govern who can file a wrongful death lawsuit on behalf of the deceased.
The action for such damages may be brought in the name of the personal representative of the deceased person or unborn quick child for the benefit of all persons entitled under the law to recover, or by widow for the death of her husband, or by the husband for the death of the wife, or by the parent for the death of a child or unborn quick child, or in the name of a child, or in the name of a child for the death of a parent, or by a brother for the death of a sister, or by a sister for the death of a brother, or by a sister for the death of a sister, or a brother for the death of a brother, or all parties interested may join in the suit, and there shall be but one (l) suit for the same death which shall ensue for the benefit of all parties concerned, but the determination of such suit shall not bar another action unless it be decided on its merits.
That is a long confusing sentence, but it boils down to the fact that immediate family members—husbands, wives, children, sons, daughters, brothers—can bring wrongful death lawsuits on behalf of their family members. But that right is limited to immediate family members, so an uncle could generally not bring a suit on behalf of a nephew, a cousin could not bring a suit on behalf of another cousin, nor could a grandchild bring a suit on behalf of a grandparent. The one exception to this is that a person’s legal representative can bring it on their behalf. Generally speaking, only immediate family members can bring a wrongful death suit on behalf of their immediate family.
What Should You Do If You or a Loved One Has Been Injured?
If your loved one was killed, you might have a viable wrongful death claim against the person responsible for their death if the death was caused negligently or wrongfully. Let experienced counsel take care of attaining statements and analysis from expert witnesses and dealing with the automobile company’s legal team. These are essential tasks that a personal injury attorney can handle for you while you concentrate on grieving.
Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you think you have a wrongful death claim on behalf of a loved one. Contact us now at (601) 790-1505.
