What Is a Wrongful Death Lawsuit?
A wrongful death suit is a civil lawsuit that a family member can file after a loved one’s death, but you'll need an expert wrongful death attorney in Mississippi. This type of lawsuit is used to seek compensation for the emotional and financial hardship a family faces after someone’s actions caused the death of a loved one. A wrongful death can be due to someone else being negligent, reckless, or deliberately malicious.
The applicable law that defines what a wrongful death is found at Mississippi Code Ann. § 11-7-13. It states that:
“Whenever the death of any person or of any unborn quick child shall be caused by any real, wrongful or negligent act or omission, or by such unsafe machinery, way or appliances as would, if death had not ensued, have entitled the party injured or damaged thereby to maintain an action and recover damages in respect thereof, or whenever the death of any person or of any unborn quick child shall be caused by the breach of any warranty, express or implied, of the purity or fitness of any foods, drugs, medicines, beverages, tobacco or any and all other articles or commodities intended for human consumption, as would, had the death not ensued, have entitled the person injured or made ill or damaged thereby, to maintain an action and recover damages in respect thereof, and such deceased person shall have left a widow or children or both, or husband or father or mother, or sister, or brother, the person or corporation, or both that would have been liable if death had not ensued, and the representatives of such person shall be liable for damages, notwithstanding the death, and the fact that death was instantaneous shall in no case affect the right of recovery…”
Based on the law, an action (lawsuit) for a wrongful death may be filed or pursued by a surviving spouse, parent, child, sibling, or personal representative of the deceased’s estate.
