Personal Injury

Who Can File a Wrongful Death Claim in Mississippi?

Benjamin U. Bowden
January 24, 2023

After the tragic accident-related death of a loved one, family members and everyone close to the deceased may be left feeling lost and stressed. But unfortunately, in most cases, such loss could have been avoidable if not for the recklessness or negligence of another person or entity.

If your loved one passed on due to the negligence or misconduct of another person or entity, it is advisable to contact a Gulfport lawyer specializing in wrongful death claims. They will help you understand your rights and guide you through the claim process.

Mississippi Wrongful Death Laws

In Mississippi, wrongful death laws are governed by the state's statutes. These laws allow specific family members to file a wrongful death claim against the person or company responsible for the death of their loved one.

A wrongful death claim in Mississippi can be made by the deceased's surviving spouse, children, or parents. However, if there are no eligible family members, the person representing the deceased estate can file the claim.

What You Can Recover in a Wrongful Death Claim

In a wrongful death claim in Mississippi, you can recover damages for:

  • Loss of earnings and benefits- This includes lost wages, salary, bonuses, commissions, pensions, and fringe benefits. This compensation cushion's the deceased's family or dependents from financial troubles that they could possibly face due to the loss of their breadwinner.
  • Funeral and burial expenses- You can recover expenses incurred during the burial or funeral of the deceased.
  • Pain and suffering- You can recover compensation for any physical pain and suffering experienced by the deceased before their demise.

Required Documents for Filing a Wrongful Death Claim in Mississippi

To file a claim, you must provide several documents to the court. These include a copy of the deceased's death certificate, proof of your relationship to the deceased, proof of your financial dependence on the deceased, and an affidavit detailing the facts of the case.

If you cannot provide all of these documents, don't worry – the court will work with you to help you get them. But it is important to ensure you provide enough to make the process easier for everyone involved.

Contact a Gulfport Wrongful Death Lawyer Today

You're able to file a wrongful death claim if your loved one died because of someone else's negligence. Under Mississippi law, the personal representative of the deceased person's estate representative, surviving spouse, children, and parents can file a wrongful death claim.

If the claim is successful, you can recover damages for the loss of your loved one's life, financial losses, and emotional pain and suffering. If you want to learn more about Mississippi wrongful death laws and how they may apply in your case, the lawyers at Ben Bowden, Attorney at Law, can offer a solution. Contact us today to schedule a consultation with one of our Gulfport wrongful death lawyers.