Wrongful death is a legal liability claim or cause of action that may be made in a civil lawsuit (noncriminal case) for money damages against a person or entity whose negligence or intentional act wrongfully caused the death of the deceased person (the decedent).
Wrongful death claims may allow a deceased tort victim’s estate, surviving parents, children, and spouse to recover damages for their losses from the victim’s death.
Laws regarding wrongful death claims vary from state to state. In many states the legislature has enacted statutes (laws) governing any recovery for wrongful death. And in some states the law regarding recovery for wrongful death may be located in the state’s court opinions (also known as case law, common law, or judicial decisions).
In Mississippi, wrongful death claims are governed by Mississippi Code Section 11-7-13. This statute allows certain family members or the estate of the deceased to file a wrongful death lawsuit when a person dies due to the negligence, recklessness, or intentional behavior of another. The individuals who may bring a wrongful death claim include the deceased person's spouse, children, parents, or siblings, as well as representatives of the deceased person's estate. Damages that may be recovered in a wrongful death lawsuit in Mississippi can include medical and funeral expenses, pain and suffering of the deceased before they died, and the financial and emotional losses suffered by the surviving family members, such as loss of companionship and future earnings. It is important to note that wrongful death claims in Mississippi must be filed within a specific time frame, known as the statute of limitations, which is generally three years from the date of the deceased person's death.