Most of the time, when someone dies, no one is legally responsible. However, in tragic scenarios like car crashes, a death could have occurred because of one person’s bad behavior or failure to fulfill certain legal obligations.
In limited circumstances, Mississippi residents can potentially file wrongful death lawsuits to ask for compensation when a loved one dies. Your answers to the next three questions will give you an idea about whether or not you might potentially be able to file a wrongful death lawsuit.
What is your relationship with the deceased?
Under Mississippi law, immediate family members can file a wrongful death lawsuit. Spouses, children and parents are the ones who most frequently file such a suit. However, siblings and even a representative from the estate could potentially bring a lawsuit against the responsible party.
Is there evidence of crime, negligence or omission?
In order to qualify as a wrongful death, a situation must have involved someone doing something they knew to be wrong or failing to do something they knew that they should. Negligence, criminal acts and omissions are grounds for wrongful death claims. Without evidence of negligence or wrongful behavior, you may not be able to file a lawsuit.
How long has it been since the death?
In Mississippi, there is a statute of limitations on civil proceedings. Unless there has been a recent discovery of new information that changes the legal circumstances, you usually only have one or three years to file a wrongful death claim, depending on whether or not it involved a crime.
Those who meet all of the criteria for a wrongful death lawsuit could potentially seek justice and financial compensation in the civil courts.