When a loved one dies due to the negligence or wrongful actions of another party, it can be devastating for the surviving family members. In such cases, a wrongful death lawsuit can be filed to seek compensation for the loss of a loved one. However, these cases can be complex, and the outcome is often determined by a jury. In this blog post, we will explore how Mississippi juries decide wrongful death cases.
First, it’s important to understand what wrongful death means in Mississippi. According to Mississippi Code section 11-7-13, a wrongful death is a death caused by the “wrongful act, neglect, or default” of another party. The surviving family members can bring a wrongful death lawsuit to seek damages for the loss of their loved one.
In Mississippi, a wrongful death lawsuit is typically heard by a jury. The jury is responsible for determining whether the defendant’s actions caused the death of the plaintiff’s loved one and, if so, the amount of damages that should be awarded to the plaintiff.
During the trial, the plaintiff’s attorney will present evidence to support their claim that the defendant’s actions caused the death of the plaintiff’s loved one. This may include witness testimony, medical records, and other forms of evidence. The defendant’s attorney will also present their own evidence to refute the plaintiff’s claim and argue that their client is not responsible for the plaintiff’s loved one’s death
The jury will then consider all of the evidence presented and determine whether the defendant’s actions caused the death of the plaintiff’s loved one. If the jury finds that the defendant is responsible, they will then determine the amount of damages that should be awarded to the plaintiff. These damages may include compensation for medical expenses, funeral expenses, lost income, and other losses resulting from the death of the plaintiff’s loved one.
It’s important to note that Mississippi follows the doctrine of comparative negligence. This means that if the plaintiff’s loved one was partially at fault for their own death, the damages awarded to the plaintiff may be reduced by the percentage of fault assigned to the plaintiff’s loved one.
It’s worth noting that Mississippi law sets a statute of limitations for wrongful death cases. In most cases, the lawsuit must be filed within three years of the loved one’s death. However, there are some exceptions to this rule, and it’s important to speak with an attorney to determine the specific deadline for your case.
Another factor that may impact how a Mississippi jury decides a wrongful death case is the issue of damages. In some cases, juries may award punitive damages in addition to compensatory damages. Punitive damages are intended to punish the defendant for their actions and deter similar conduct in the future. In Mississippi, punitive damages are capped at $500,000 or three times the amount of compensatory damages, whichever is greater.
It’s also important to note that Mississippi law allows for survival actions in addition to wrongful death claims. Survival actions are brought on behalf of the deceased person’s estate and seek compensation for the pain and suffering experienced by the deceased person prior to their death. The damages awarded in a survival action are typically paid to the deceased person’s estate and distributed according to their will or the state’s intestacy laws.
Mississippi juries play a critical role in deciding wrongful death cases. They must carefully evaluate the evidence presented and determine whether the defendant’s actions caused the plaintiff’s loved one’s death. If the defendant is found to be responsible, the jury must then determine the appropriate amount of damages to award to the plaintiff. If you are considering filing a wrongful death lawsuit in Mississippi, it’s essential to work with an experienced attorney who can help you navigate the legal process and maximize your chances of success.
Brad Morris Law Firm, PLLC is a Mississippi-based law firm that specializes in personal injury law, including wrongful death cases. Our experienced attorneys can provide the guidance and support you need to navigate the legal process and increase your chances of success.
If you are considering filing a wrongful death lawsuit in Mississippi, we can help you understand your legal rights and options. We will evaluate the details of your case and determine whether you have a strong claim for wrongful death. If so, we will assist you in gathering the necessary evidence to support your claims, such as medical records, witness statements, and expert testimony.
Our attorneys have experience presenting cases before Mississippi juries and can provide you with a realistic assessment of the potential outcome of your case. We will work tirelessly to build a strong case on your behalf and fight for the compensation you deserve.
At Brad Morris Law Firm, PLLC, we understand that no amount of money can fully compensate for the loss of a loved one. However, we believe that holding responsible parties accountable for their actions can bring a sense of closure and justice to the surviving family members.
If you are in need of legal assistance for a wrongful death case in Mississippi, contact Brad Morris Law Firm, PLLC today for a free consultation. We will listen to your story and help you understand your legal rights and options.