Value of a Wrongful Death Case

Answer:

A question we get asked a lot in wrongful death claims is how you value wrongful death claims here in Mississippi. The answer to that question really goes back to our wrongful death statute. The laws, it must be said, vary from state to state when it comes to how wrongful death actions are pursued. Not every state even calls them wrongful death. They’ll have different names, or different types of actions. In Mississippi, we are one of the states who has a wrongful death statute.

Within our statute, the legislature has defined not only who the beneficiaries are who can bring a wrongful death claim and recover damages when a loved one has died as the result of someone else’s negligent conduct, but also the types of damages that can be paid. In Mississippi, those damages range from, for instance, funeral expenses for that loved one who was killed by another person’s conduct, to lost economic earnings and medical bills that the deceased incurred. There are also allowances for what we call non-economic damages, which would be any pain and suffering of the deceased, as well as loss of companionship, or loss of relationship for the beneficiaries who now do not have that relationship with the loved one that they lost. Those damages are spelled out by statute.

It is extremely important though – and this is a crucial point – that when you have a wrongful death claim, you really need an attorney who has experience and a proven record of success on those claims here in Mississippi. Because the law is nuanced, wrongful death claims are different from typical personal injury claims. There’s different aspects of the law that come into it, and the way you pursue them is different. Wrongful death claims have to go through not only the circuit court, where you’re bringing the claim itself, but also the chancery court to get approval and sign off on those claims for the wrongful death beneficiaries and the wrongful death estate. It’s very important that you have somebody who has experience dealing with those types of claims, not only for the procedural aspects of it, but for the experience and knowledge of how to value those claims within the context of the different categories of damages that you can recover. That only comes with experience and training.

We’re here to answer any questions you have about wrongful death claims or other personal injury claims at the Brad Morris Law Firm. Here at the Brad Morris Law Firm, we always offer free consultations on any type of personal injury claim, including wrongful death claims. I hope you find this information helpful.