If your loved one was wrongfully killed due to the negligence or wrongful act of another, you have the right to file a wrongful death claim. A wrongful death claim is different from a standard personal injury claim in that another person is filing the claim on the deceased person’s behalf.

Who can bring a wrongful death claim on behalf of the deceased person?

  • The surviving spouse
  • Any surviving children
  • Siblings of the deceased person
  • A personal representative of the deceased person’s estate

If the surviving spouse brings a wrongful death claim to court, any compensation received from the claim should be split between the spouse and their living children. If no spouse is living, then the surviving parent or sibling may bring claims to the court.

What damages can be recovered in a wrongful death case?

In Mississippi, the damages paid out in a wrongful death claim are paid to the estate of the beneficiaries according to the categories of loss.

You could recover the following damages in wrongful death case:

  1. Damages paid to the estate
    • Compensation for property damage
    • Burial, Funeral or cremation expenses
    • Cost for the emergency care or other medical expenses
  2. Damages paid to the beneficiaries
    • Damages for the pain and suffering of spouse
    • Loss of companionship
    • The net worth of the lost wages and benefits the deceased spouse would have earned had they remained alive.

Wrongful death claims can be complicated as they often involve reviewing wills, trusts and other estate planning aspects in addition to the claim. To discuss your wrongful death claim further with, contact our Greenville MS injury attorney. 877-714-4171


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