The death of a family member is never easy, especially when it results from someone else’s unlawful behavior. Along with the grief, you may feel a profound need for justice for your loved one and the pain your family is experiencing. Mississippi law allows you to pursue compensation for those losses through two similar but distinct legal actions: a wrongful death claim or a survival action.
The distinction between a wrongful death vs. survival action in Mississippi is important because each claim serves a different purpose regarding who can file the claim, who receives compensation, and how funds get distributed.
What Is a Wrongful Death Claim?
A wrongful death claim is a type of lawsuit brought by the surviving family members of a person who dies due to another’s negligent or intentional actions. For example, if your loved one passed away after suffering fatal injuries in a car accident someone else caused, a qualifying family member could file a wrongful death lawsuit against the at-fault driver.
Mississippi Code Section 11-7-13 outlines the compensation families can recover in a wrongful death claim, including:
- Funeral and burial costs
- Medical expenses
- Loss of financial support
- Emotional distress
- Loss of companionship
- Loss of guidance, compassion, and love
What Is a Survival Action?
A survival action seeks compensation for losses the individual suffered before their passing. Essentially, it is the personal injury lawsuit your loved one could have brought against the at-fault party if they had survived.
Survival actions are filed by the personal representative (executor) of the deceased person’s estate. Any compensation gets paid into the estate and distributed according to the terms of the victim’s will (or according to Mississippi intestate succession laws if there is no will).
Potential compensation in a survival action includes:
- Medical bills
- Lost wages
- Permanent disability
- Pain and suffering
Are the Deadlines to File a Wrongful Death Claim and Survival Action the Same in Mississippi?
Both wrongful death and survival action lawsuits must generally be filed within three years in Mississippi. However, the deadline for wrongful death claims caused by intentional acts is one year from the date of death.
It’s important to know that the clock may start ticking on a different date depending on the situation. The statute of limitations for a wrongful death lawsuit begins on the date of death, while the limitations period for a survival action starts on the date of the injury. Other exceptions apply in medical malpractice cases and claims against a government entity. The best way to learn the time limit in your case is by consulting a Mississippi wrongful death lawyer.
When to Contact a Mississippi Personal Injury Law Firm
At Mama Justice – MW Law Firm, we know the idea of contacting a wrongful death attorney may seem impossible while you’re coping with such a great loss. However, the sooner you get in touch with a lawyer, the sooner your legal team can begin investigating and preparing your case.
When you need a sympathetic shoulder to lean on and fierce legal representation, turn to Mama Justice. With 400+ five-star reviews from satisfied clients, you can trust in our skill and tenacity to pursue the best possible results in your case. While no amount of money is enough to replace your lost family member, securing full and fair compensation can provide a measure of closure and financial security as you rebuild your life.
When you’re ready to talk, Mama Justice is here. Call or contact us today for a free consultation.
