Does a Spouse Get the Proceeds of a Mississippi Wrongful Death Claim?

Does a Spouse Get the Proceeds of a Mississippi Wrongful Death Claim?


A person who dies in an accident in Mississippi does not have the ability to bring a lawsuit against the negligent parties that engaged in reckless actions which took their life. This does not mean that there will be no accountability and justice for the deceased individual. Wrongful death claims in Mississippi can be filed by:

  • An estate or personal representative 
  • The surviving spouse
  • The surviving children
  • The surviving parents
  • The surviving siblings

When an eligible party files a Mississippi wrongful death claim for compensation, the suit is a civil one, not a criminal case. The purpose of wrongful death claims in Mississippi is to recover financial compensation for the loss of a loved one and to pay for the associated costs. There could be, in some cases, punitive damages added to a claim when the cause of death was particularly shocking and appalling. However, punitive damages in Mississippi are not rewarded often.

What Happens to the Proceeds When a Spouse Files a Mississippi Wrongful Death Claim?

When a spouse is left behind after an accident that leads to the death of their partner, they have the right under the law in Mississippi to file a Jackson wrongful death claim for compensation. If there are no children involved, then the spouse that files the claim will receive the totality of the compensation that is awarded. When children are present, a judge will equally divide the money from the suit between the surviving spouse and his or her children.

A person who dies in a wrongful death accident in Mississippi that does not have children or was not married and does not have a spouse can have their parents file a wrongful death claim if they are still alive. Then, the parents will secure the compensation. If parents are no longer living, any siblings will be able to file and they will get the resulting compensation. When death takes place after an accident caused by a negligent party and the deceased has no family and no personal representative, then the state has the ability to recover costs associated with a wrongful death claim. The money will be first used to pay any existing debt and if there is money left over, the heirs of the deceased will be entitled to it.

Speak with a Mississippi Wrongful Death Attorney Today

It is a tragedy to lose a loved one too soon especially when the fatal incident came about from another party or entity’s careless actions. No amount of money will ever be enough to heal the wounds of losing a loved one but a family should not have to pay for final expenses and other detrimental financial impacts that were inflicted upon them after a deadly accident in Mississippi. Bob Germany is a Mississippi wrongful death attorney that has experience compassionately helping families who suffered the loss of a loved one in a fatal Mississippi accident situation. To schedule a free consultation with the Germany Law Firm, please call (601) 487-0555 today.

Source link