The loss of a loved one is a grievous tragedy that we all must someday endure. Although no amount of compensation can undo the emotional trauma, you may be able to regain your financial footing by bringing a wrongful death claim against the party responsible for the death.
The Jackson wrongful death attorneys at Coxwell & Associates can help you navigate the claims process from start to finish and fight for the compensation to which you are entitled.
Your case is just as important to us as it is to you. Our personal injury lawyers have a reputation for tough litigation and a strategy for winning substantial settlements and verdicts. Call our office today at (601) 265-7766 for a free initial consultation.
What Damages Are Recoverable After a Wrongful Death in Mississippi?
Even when negligence and liability seem obvious, recovering fair compensation in a wrongful death claim often involves an uphill legal battle. Payouts in these cases can be substantial, so you should expect the insurance company and/or opposing party to look for any possible excuse to dispute your claim.
There are two categories of damages that may be recoverable in Mississippi wrongful death cases: compensatory damages and punitive damages. Compensatory damages are further divided into economic and non-economic damages.
Economic damages are objectively verifiable and include medical bills, lost income, property damage, funeral and burial expenses, and lost retirement benefits and pension. Non-economic damages are intangible and include pain and suffering endured by the deceased between the time of the injury and his or her death; loss of protection, care, love, and companionship; and emotional distress and mental anguish.
Unlike compensatory damages, punitive damages are intended to punish the defendant for egregious behavior involving actual fraud, gross negligence, or malice. Common examples of cases when punitive damages are recoverable include:
- Drunk or reckless driving cases;
- Manslaughter cases;
- Hit-and-run accident cases; and
- Engaging in other criminal behavior while driving such as fleeing from police.
n sum, the types of damages that may be recoverable in Mississippi wrongful death claims include:
- Medical bills;
- Lost income;
- Lost retirement benefits and pension;
- Property damage;
- Burial and funeral expenses;
- Loss of protection, care, love, and companionship;
- Emotional distress and mental anguish;
- Pain and suffering endured by the deceased; and
- Punitive damages (if the death involved actual fraud, gross negligence, or malice).
Who Can Bring a Wrongful Death Claim in Mississippi?
Mississippi law allows wrongful death claims to be brought by the following parties:
- The personal representative of the deceased’s estate;
- The deceased person’s surviving spouse;
- The deceased person’s surviving child; or
- The deceased person’s surviving parent or sibling, if there is no surviving spouse or child.
When a wrongful death claim is brought by the surviving spouse of the deceased, any damages awarded are split between the surviving children and the spouse.
Discuss Your Case With a Jackson Personal Injury Attorney Today!
If your loved one died due to another person’s negligent or wrongful actions, contact Coxwell & Associates to discuss your case. We have been representing Mississippians for more than 35 years. Schedule a free consultation today by calling 877-231-1600 or click on the button below.
Disclaimer: This blog is intended as general information purposes only, and is not a substitute for legal advice. Anyone with a legal problem should consult a lawyer immediately.