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Wrongful Death FAQs
What is a wrongful death? A wrongful death is a death that is caused by the negligence or misconduct of an individual or company.
Who are to be considered the survivors of a victim of wrongful death? The survivors of a wrongful death victim may vary from state to state, but in general usually include the spouse and minor children.
What compensation can be claimed in a wrongful death case? Compensation may vary by state or jurisdiction but in general the law provides for the following:
Expenses incurred by the death of the victim (funeral, medical, etc.)
Loss of future earnings anticipated over the lifetime of the victim.
Benefits lost due to the victims death (medical insurance, pension, 401K, etc.)
Survivors pain, suffering and mental anguish caused by the victims death.
Companionship, care or protection lost to the survivors as a result of the death.
General and punitive damages.
Who can file a wrongful death claim? This depends on individual state law, but in general the immediate family members (spouses, children and parents) can file a wrongful death claim. Some states allow grandparents, legal dependants and extended family members to file.
When must a wrongful death lawsuit be filed? Every state has its own ‘statute of limitation', which is the maximum allowable time in which to file. After this time a claim may be denied. It is important that you speak with a lawyer as soon as possible to insure your rights.
Who cannot be sued? A family member cannot sue another family member for wrongful death.
If you have suffered personal injuries or emotional
distress due to the negligence of product makers in Mississippi, contact
our wrongful death lawyer now and obtain a free case evaluation.
Did You Know?
Wrongful death suits can occur for different reasons.
Wrongful death suits can come about as a direct result of: Automobile / Vehicular Accidents, Personal Injury Accidents, Workplace Accidents, Negligence.
Newsroom
News about Wrongful Death cases in Mississippi and nationwide:
The General Duty Clause
When Congress enacted the Williams-Steiger Occupational Safety and Health Act of 1970, it intended to impose two complementary duties on an employe... Read more >
Definition:
An action which may be brought for the purpose of restraining the threatened infliction of wrongs or injuries, and the prevention of threatened illegal action; case in which payment of money damages will not be adequate compensation.
Sanction
Definition:
A penalty or punishment provided as a means of enforcing obedience to a law, rule or code; also, an authorization.
Class action
Definition:
When different persons combine their lawsuits because the facts and the defendant are so similar. This is designed to save Court time and to allow one judge to hear all the cases at the same time and to make one decision binding on all parties. Class action lawsuits would typically occur after a plane or train accident where all the victims would sue the transport company together in a class action suit. Recent class actions have occurred against tobacco companies.
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