Wrongful death cases are heartbreaking and can devastate surviving family members. Not only have they lost a loved one, but that loved one’s death could have been prevented. When a death is caused by another party’s negligent actions or inactions, the surviving family may have grounds for a lawsuit against the responsible party. If you have lost a loved one and have questions about pursuing economic and non-economic damages, consider contacting a wrongful death attorney with Lott Law by calling (228) 215-2787 to learn more about your legal rights and options.
Common Causes of Wrongful Death
Wrongful death can occur in a variety of circumstances. Some of the most common causes of wrongful death in Mississippi include:
- Vehicular accidents involving cars, trucks, or motorcycles
- Medical malpractice
- Work-related incidents
- Defective products
- Criminal acts, such as assault or manslaughter
Each cause of wrongful death comes with unique challenges for proving fault and liability. Wrongful death cases must establish a direct link between the action or inaction of the negligent party and the victim’s death. To substantiate the claim, personal injury attorneys often conduct thorough investigations and employ expert testimony.
Filing a Wrongful Death Claim
Filing a wrongful death claim in Mississippi involves several steps. In some cases, it may first require establishing an estate for the deceased so the personal representative can file the claim, which is technically brought forth by the estate. The process of filing a wrongful death claim includes gathering evidence like medical records and witness statements, filing a complaint in the appropriate court, and potentially engaging in settlement negotiations.
If a settlement cannot be reached, the case may proceed to trial, where a jury will hear evidence and render a verdict. Through each stage of the process, the parties must follow state procedural rules precisely. These include adhering to the statute of limitations. In Mississippi, the statute of limitations for most types of wrongful death cases is three years from the date of the person’s death and one year for cases that involve intentional acts.
Who Can File a Lawsuit in Wrongful Death Cases?
In 2018, House Bill Number 1091 amended Section 11-7-13 of the Mississippi Code of 1972 to clarify that wrongful death action can be brought outside of a decedent’s estate, according to the American Bar Association. This right to file a wrongful death lawsuit is, however, limited to surviving family members, including the decedent’s spouse, children, parents, or siblings. The personal representative of the estate may file the claim on behalf of the beneficiaries. Only one claim may be filed, but that claim may be made in the names of more than one surviving family member. Any damages awarded will be distributed according to the state’s intestate laws when there is no will.
What Is Non-Economic Loss?
Non-economic loss in wrongful death cases refers to the intangible and non-financial consequences of being deprived of the deceased loved one’s presence and support. Damages in these cases can be divided into two main types: economic and non-economic. Economic damages can be quantified. Medical bills, burial expenses, and lost income are countable damages.
Non-economic losses include significant psychological trauma and emotional distress, loss of love and emotional support, loss of companionship, loss of consortium, and a diminished quality of life. These damages cannot easily be counted. By allowing claims for these damages, the law acknowledges that the loss of a parent, child, or sibling can have profound emotional implications that are beyond measurable financial constraints. They are, instead, assessed based on the severity of the emotional impact and the non-financial contributions that the deceased made to his or her loved ones’ lives, such as care, guidance, and companionship.
Are Punitive Damages the Same as Non-Economic Damages?
Punitive damages differ from non-economic damages because punitive damages are not intended to compensate for any loss, whether economic or non-economic. Instead, the court may award punitive damages in wrongful death cases as a punishment to the responsible party for particularly egregious or reckless behavior and to deter future incidents.
Non-economic damages are compensatory and aim to address the pain and suffering that the survivors experience. Punitive damages are a legal response to the responsible party’s wrongdoing. A skilled personal injury lawyer with Lott Law may be able to help determine the types of damages to pursue in your case.
What Is the Cap on Non-Economic Damages?
The maximum allowed amount for non-economic damages in wrongful death cases varies by state and can be subject to legislative changes. These limits are placed on the amount that can be awarded for non-economic damages in personal injury cases in an effort to prevent exorbitant payouts. The maximum payout for non-economic damages in Mississippi wrongful death cases is $1,000,000. If the case involves medical malpractice, the limit is $500,000. The intent of the cap is to limit the financial liability of the responsible parties and insurance companies.
Caps can be controversial. Critics often argue that the limits can unjustly restrict compensation for those who have suffered profound losses. However, the cap applies only to non-economic damages. There is no cap on the economic damages, as these can be calculated to the exact amount, or punitive damages, which may be awarded in addition to economic and non-economic damages in cases of egregious fault. Surviving family members can consult with a personal injury lawyer for explanations about the specific caps that may apply to their case.
Challenges in Quantifying Non-Economic Damages
Quantifying non-economic damages is inherently challenging because they are subjective and dependent on the specific circumstances of the case. Assigning a monetary value to emotional pain, loss of companionship, and other intangible impacts requires a delicate balance between fairness and rationality. Juries and attorneys often struggle with determining if an amount fairly compensates the survivors and maintains reasonable limits. Various methods, including the multiplier method or per diem method, are sometimes used, but the process remains imprecise and highly individualized.
Contact a Wrongful Death Attorney With Your Questions Today
Wrongful death cases can be highly complex and difficult to prove. In addition, the intangible losses can be challenging to calculate. If you have lost a loved one and wish to pursue non-economic damages from the responsible party, you may have many questions about the next steps. Consider contacting an experienced wrongful death attorney with Lott Law by calling (228) 215-2787 today to schedule a consultation.