Gulfport Wrongful Death

The loss of a loved one is a painful event that surviving family members and friends carry with them for the rest of their lives. When someone else is responsible for their death, it can be even more agonizing for loved ones—they have to live with the knowledge that their friend or family member’s death was preventable.

While financial compensation cannot make up for the loss of a family member, it is the only type of justice that the civil court system can provide. With the help of a wrongful death lawyer in Gulfport, MS, surviving family members can ensure that the liable party is held accountable for their negligence. Not only does this help family members recover from the expenses of a loved one’s death, but it also discourages future negligent behavior.

If someone you love has died due to another person’s negligence, we’re deeply sorry for your loss. We’re here to talk to you about your case and help you find out if you may be entitled to compensation for wrongful death. Call Reeves & Mestayer at 228-374-5151 to schedule a consultation now.

You Deserve Support During This Painful Time

The decision to bring a wrongful death claim against the person liable for the loss of your loved one is a difficult one. You may have agonized over this choice for weeks or even months, trying to figure out if it would bring you peace.

While nothing can bring back your loved one and truly make you whole again, you do deserve compensation for the multitude of ways in which your life is suddenly harder. The loss of a family member could have put you into serious financial strife, particularly if your family relied on their income.

When you combine that with final care expenses and funeral costs, many families find themselves barely getting by after a loved one’s death. A wrongful death claim may at least provide some financial stability during this time.

On top of that, you could suffer serious mental and emotional health concerns as a result of your trauma. Those left behind in the wake of a loved one’s death often struggle with guilt, profound feelings of loss, and difficulty moving on. A wrongful death suit may put you in a better position to get the mental health support and treatment you need to heal.

You may struggle to find a new normal in your household after a tragedy. The loss of a provider and caretaker means shifting responsibilities around and possibly even bringing in outside help. From outsourcing childcare and transportation to cleaning and maintenance, you may have a lot of new needs during this time.

Consider how a wrongful death claim in Gulfport could help you better meet your and your family’s needs. Our team of compassionate wrongful death attorneys is here to help, allowing you the time and space you need to grieve and heal while we address the legal side of your loved one’s passing.

What is a Wrongful Death Claim?

Under Mississippi law, a wrongful death claim is similar to a personal injury claim. If someone dies due to negligence, a wrongful act, or a defective product, their surviving family members may be able to seek compensation for their losses. You may pursue a wrongful death claim if the victim passed away due to a vehicle crash, medical malpractice, defective product, fall, or another type of accident caused by someone else’s negligence.

With a wrongful death claim, you can seek both economic and non-economic compensation. Economic damages include medical expenses, burial expenses, lost wages, and other clear and measurable losses. Non-economic damages cover pain and suffering, mental anguish and trauma, and other non-financial losses.

Seeking Damages After a Loved One’s Death in Mississippi

Losing a loved one due to the negligence or intentional act of another is an unimaginable tragedy. Beyond the emotional toll, families often face sudden financial instability. In Mississippi, the legal system allows certain survivors to seek “damages”—legal shorthand for financial compensation—to alleviate these burdens.

Navigating Mississippi Code Section 11-7-13, the state’s wrongful death statute, requires an understanding of who can sue, what can be recovered, and the strict timelines involved.

Who Has the Legal Standing to File a Claim?

Mississippi law is very specific about the “order of priority” for filing a wrongful death lawsuit. Unlike other personal injury cases, where the injured party files for themselves, a wrongful death claim is brought by survivors on behalf of the deceased.

The Priority of Claimants

The law permits the following individuals to initiate a claim:

• The Surviving Spouse: Often the primary claimant, especially when there are minor children to support.
• Surviving Children: In Mississippi, if there is a spouse and children, they share the recovery.
• Surviving Parents: If the deceased was unmarried and had no children, the parents are next in line.
• Surviving Siblings: If there is no spouse, no children, and no living parents, the siblings of the deceased may file.
• The Personal Representative: The administrator or executor of the decedent’s estate can also file a claim to benefit the heirs.

The “One Action” Rule

Mississippi follows a “One Action” rule. This means that only one wrongful death lawsuit can be filed for the death of a single person. If multiple family members are eligible, they must join the same suit or be represented within the single action initiated by the first person to file. The court will then determine how the damages are distributed among all rightful heirs.

Types of Recoverable Damages

Damages in a Mississippi wrongful death case are generally split into two categories: Economic (measurable financial losses) and Non-Economic (intangible human losses).

Economic Damages (Tangible Losses)

These are damages with a specific dollar amount attached to them, proven through bills, receipts, and expert testimony.

• Medical Expenses: Any costs for emergency room visits, surgeries, or hospital stays incurred between the time of the accident and the time of death.
• Funeral and Burial Costs: Reasonable expenses related to the service, cremation, or burial.
• Lost Wages and Future Earnings: This is often the largest portion of a claim. It includes the income the deceased would have earned from the time of the accident until their expected retirement, adjusted for inflation and “present value.”
• Property Damage: If the death occurred in a car accident, for example, the cost of the vehicle and any personal property destroyed.

Non-Economic Damages (Intangible Losses)

These damages compensate for the emotional and relational impact of the death.

• Pain and Suffering of the Deceased: Often called “survival damages,” this compensates for the physical and mental anguish the loved one felt between the injury and their passing.
• Emotional Distress of Survivors: The grief and mental suffering experienced by the spouse, children, or parents.
• Loss of Companionship and Society: Compensation for the loss of the relationship, including the comfort, care, and protection the deceased provided.
• Loss of Consortium: A specific type of claim for a surviving spouse regarding the loss of the marital relationship.

Statutory Limits and “Damage Caps”

While you can seek compensation for your losses, Mississippi law imposes certain limits on “non-economic” damages.

• General Cap: In most civil cases (including car accidents or general negligence), non-economic damages are capped at $1,000,000.
• Medical Malpractice Cap: If the wrongful death was the result of medical negligence, the non-economic damages are capped at $500,000.

It is important to note that economic damages (like lost future millions in salary or massive hospital bills) are not capped.

The Role of Evidence in a Wrongful Death Case

To win a wrongful death claim, your attorney must prove that the defendant’s “wrongful act, omission, or negligence” caused the death. This requires a mountain of evidence.

Critical Evidence Includes:

• Accident Reports: Police reports or OSHA investigations that establish fault.
• Medical Records: To link the cause of death directly to the defendant’s actions.
• Expert Testimony: 
  • Accident Reconstructionists to prove how the event happened.
  • Economists calculate the lifetime value of the deceased’s lost income.
  • Medical Experts to testify about the pain the deceased suffered before passing.
• Personal Testimonials: Journals, photos, and witness statements from family and friends that illustrate the “loss of companionship” and the quality of the relationship lost.

Important Deadlines: The Statute of Limitations

Time is of the essence in Mississippi. If you miss the “Statute of Limitations,” you lose your right to sue forever.

• Negligence Claims: For most accidents (car crashes, slip and falls), you generally have three years from the date of the death to file.
• Intentional Acts: If the death was caused by an intentional act (like an assault), the window is much shorter—often only one year.
• Medical Malpractice: These typically have a two-year window, but can be complex depending on when the negligence was discovered.

Note: Claims against government entities (cities, counties, or the state) have much stricter notice requirements, often requiring action within one year.

How Damages Are Distributed Among Heirs

Even if only one person files the lawsuit, the law dictates how the money is split.

1. Spouse and Children: They share the recovery equally. For example, if there is a widow and two children, each receives one-third.
2. Spouse Only: If there are no children, the spouse receives the entire amount.
3. Children Only: If there is no spouse, the children share the amount equally.
4. Parents and Siblings: If there is no spouse and no children, the damages are split among the parents and siblings.

The recovery from a wrongful death claim is generally not subject to the debts of the deceased’s estate, meaning the money goes directly to the family rather than to the deceased’s creditors.

When to File a Wrongful Death Claim

In Mississippi, the statute of limitations for a wrongful death claim is three years. There are exceptions, which is why it’s important to talk about your options with a wrongful death attorney in Gulfport, MS. For example, if someone else’s intentional act led to your loved one’s death, you only have one year to file a claim. Waiting too long means losing your right to pursue compensation from the liable party.

Move Forward with Your Claim with the Team at Reeves & Mestayer

A wrongful death claim may bring some closure to you after tragedy strikes. It can also provide you with the financial stability you need to heal and move forward. You cannot rely on the liable party to pay what you are owed just because it’s the right thing to do—you need legal representation to protect you throughout this process.

The team at Reeves & Mestayer understands the emotional and financial challenges you’re facing, and we want to fight for a full and fair settlement on your behalf. Let’s set up a time to talk about your claim and create a plan. Call us at 228-374-5151 or reach out online to get started.