Is It Too Late to File a Wrongful Death Action?
Death is hard on everyone, family and friends, alike. It can be devastating and disheartening to know that your loved one has passed away and that you will not be able to see them again. It can be even more frustrating to know that your loved one’s life was due to the negligence or wrongdoing of another. Though this can be a difficult time for you and your family, there are ways to seek legal relief against the responsible party. If you have lost a loved one due to the negligence or wrongdoing of another, contact an experienced Mississippi wrongful death attorney to help you with your case.
What is a Wrongful Death Action and Who Can Bring It?
Generally speaking, wrongful death is a claim against a person who can be held liable for a death. However, when it comes to wrongful death claims each state has its own statutes that it must comply with. Mississippi Code Section 11-7-13 defines wrongful death as a death that is caused by any real, wrongful, or negligent act or omission, unsafe machinery, way or appliances, or the breach of any warranty of fitness of any item intended for human consumption. Wrongful death claims may include: medical negligence; defective products; auto accidents; dangerous drugs; and other personal injuries. It is important to note that wrongful death claims cannot be brought by simply anyone who was close to your loved one. According to Mississippi law, a wrongful death claim must be brought by the personal representative of the deceased person’s estate; the surviving spouse of the deceased person; the surviving parent or child of the deceased person; and any surviving siblings of the deceased person.
How Long Do I Have to File A Wrongful Death Action?
Trying to file an action for wrongful death while you are grieving is difficult, and though you may rather grieve than file an action, the truth of the matter is, wrongful death claims are time sensitive. Usually, a wrongful death action must be commenced within three years and if commenced thereafter, will be barred. However, some medical facilities have even shorter time periods. It is important to contact an attorney as soon as possible to determine if you can still file a wrongful death action. Once an action is commenced, if you succeed in your wrongful death claim, you may receive damages up to $500,000 if it is a medical malpractice claim; $1 million if it is a product liability claim; and $1 million if it is a pharmaceutical claim. It is important to note, however, that Mississippi is a comparative negligence state, meaning that whatever fault your loved one had in his or her death may reduce the amount of compensation you receive.
Need Legal Advice?
Losing a loved one is tragic and can be overwhelming for you and your family. This is especially so if your loved one’s death was due to the negligence or wrongdoing of another. Though you are grieving you do not have to deal with this alone. Contact an experienced Mississippi wrongful death attorney at The Law Offices of Judy Guice so that we can strategize about the possible outcomes for your case. Contact our office today.