Do I Have a Wrongful Death Claim?
Losing a loved one because of someone else’s negligence is a tragic occurrence. And while no amount of money can bring them back, there could be financial compensation for the family left behind. If you lost a loved one due to negligence of others, you may ask yourself, do I have a wrongful death claim?
Often grief keeps family members from filing their lawsuit in time. There are specific statutes of limitation that could prevent any recovery if a lawsuit is not filed during that timeframe. If you believe there is a claim for your loved one’s death, you should act right away.
What is Considered a Wrongful Death?
Under Mississippi Code Section 11-7-13 a “wrongful death” is any death (including in some situations an unborn child) that is caused by a (a) real, wrongful, or negligent act or omission, (b) unsafe machinery, way, or appliance, or (c) breach of any warranty of fitness of a commodity intended for human consumption, that would have entitled the deceased individual to recover damages under a personal injury lawsuit for his or her resulting injury or illness had they survived.
Wrongful death can be caused by virtually any action, from slips and falls to intentional harm. Common causes of wrongful death include:
- Motor vehicle accidents
- 18 – wheeler accidents
- Pedestrian accidents
- Defective products
- Medical malpractice
- Workplace injuries
Under Mississippi law, a wrongful death lawsuit may be filed by a surviving spouse, child, parent, or sibling. If an estate is opened, the representative of the estate can also file a lawsuit to benefit the deceased’s family members.
It may feel difficult to discuss the details of your loved one’s death but if you think someone else’s actions or inaction caused your loved one’s death you must act before it is too late. If you’ve recently lost a loved one and would like assistance filing a wrongful death claim, feel free to contact Chhabra & Gibbs, P.A. at 601-948-8005 to schedule a free initial consultation with one of our compassionate and experienced personal injury lawyers.