The loss of a loved one is devastating. It can leave you with grief, heartache, financial burden, and many other problems.
In many situations, death is a natural instance, and the family must cope with it as such. However, other matters can bring about legal options when negligence causes a person’s death. These situations fall under wrongful death law, and the family of the deceased party has specific rights.
Under wrongful death statutes in Mississippi, certain factors must exist before being able to file a claim against a negligent party. Understanding these factors can give the family the ability to pursue the necessary steps to hold the responsible party accountable.
Mississippi Code Section 11-7-13
According to Mississippi law, a wrongful death occurs when any of the following factors exist:
- Negligence, wrongful acts, or omission results in the death
- Unsafe products, including machinery or appliances, resulting in the death
- Breach of warranty results in the death
What this means is specific individuals related to the decedent may be able to file a lawsuit when the wrongful death occurs because of someone else’s actions. Wrongful death lawsuits are applicable in situations where the decedent could have filed a personal injury lawsuit had they not passed away.
The negligent acts of individual parties are not the sole basis of a wrongful death claim. These types of cases can result from defective product cases that involve any of the following:
- Defective auto parts
- Defective medication
- Defective food
- Defective machinery
- Defective drugs
In Mississippi, there are time limits to file a claim. Those who are eligible to file a wrongful death claim must recognize the two separate deadlines that come into play. Each timeline is dependent on the type of case and the action that caused the death.
- In the event an intentional act, such as physical acts of violence, caused the death, the family has just one year from the date of the death to file a claim.
- In the event negligence caused the death, the family has three years from the date of the death to file a claim.
After losing a loved one, legal action is not a top-of-mind concern. However, there are numerous benefits to filing a wrongful death claim against the negligent party. First, you can pursue compensation that can help cover several expenses that may arise following the death. Second, you can seek closure in a devastating situation, knowing you’re holding the responsible party fully accountable for his or her actions.
We’re Here to Help
Many people eagerly initiate the claims-filing process following a wrongful death; however, they don’t always do it with the right mindset. Going through this situation with the wrong information or not fully understanding what rights exist set these claims up for failure. As a result, the responsible party walks away without having to face punishment.
You need someone on your side who knows how to navigate complex matters. Our team at Gulf South Law Firm has the resources, experience, and tenacious ability you need. We’ll help you pursue the maximum compensation and justice you need and deserve after a wrongful death.
We’ll be by your side every step of the way, helping you understand your rights and options. We’ll also safeguard your best interests from large insurance companies or corporations trying to take advantage of you during a vulnerable time. With our Gulfport wrongful death attorneys, you’re in good hands.
For a free consultation to discuss your potential case, we encourage you to contact our team today. You can reach us at (228) 231-3989 and speak with an attorney who stands ready to help you.