This form is a general sample wrongful death complaint requiring the user to supply facts giving rise to the complaint.
Mississippi Complaint regarding Wrongful Death
State:
Multi-State
Control #:
US-PI-0306
Format:
Word;
Rich Text
Instant download
Description
Free preview
How to fill out Complaint Regarding Wrongful Death?
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FAQ
Determining the Value of Your Claim Mississippi does not place a cap on economic damages in wrongful death cases. However, non-economic damages are capped at $1,000,000 for most cases. Non-economic damages for wrongful deaths caused by medical malpractice are capped at $500,000.
The state gives surviving family members only one year from the date of death to file a wrongful death lawsuit if an intentional act like assault or murder caused the death. If negligence caused your loved one's death, you have three years from the date of death to bring a lawsuit.
A wrongful death action may be maintained or asserted for strict liability in tort or for any cause of action known to the law for which any person, corporation, legal representative or entity would be liable for damages if death had not ensued.
Laws Limit Recovery for Non-Economic Damages Currently, the cap is set at $1,000,000 for all civil cases except medical malpractice claims, which are limited to $500,000.
Wrongful death claim is a claim against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute. In wrongful death cases, survivors are compensated for the harm and losses they've suffered after losing a loved one.
You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?
If you have a loved one who passed away as a result of an injury or accident that involved the misconduct or negligence of a company or individual, you may be able to file a wrongful death lawsuit against those who were responsible for your loved one's death.
Typically, a spouse would be the first person in line to bring the claim and receive the compensation award to then keep or disperse among relative parties, such as children. In other cases, the deceased may not have been married. They may have children who can bring the claim. It varies from case to case.