This agreement is between a defendant and the spouse and executor or administrator of the estate of decedent for wrongful death. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Mississippi Settlement Agreement and Release in Wrongful Death Suit after Filing of Suit but Prior to Trial
Category:
State:
Multi-State
Control #:
US-01619BG
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
Punitive damage caps in Mississippi are determined in consideration of the net worth of the defendant, whether that party is a company, individual, or other entity. Punitive damage caps are generally set at 2% ? 4% depending on net worth.
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.
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.
These damages can include economic damages, non-economic damages, wrongful death damages, and punitive damages.
Another example is the statute of repose, which is the date the victim must file a civil action by, even if the injury has not yet been discovered. In Mississippi, the statute of repose is seven years from the date of the malpractice.
Compensatory damages are awarded as a way to reimburse you for expenses you incurred as a result of the injury, such as medical expenses, lost income, and future treatment and rehabilitation that might be necessary.
What is the Mississippi statute of limitations for wrongful death claims? Mississippi wrongful death cases must be filed within three years of the date of death in most cases, ing to Miss. Code Ann § 15-1-49.
A damage cap is a set amount of money that represents the maximum amount a plaintiff can recover in a lawsuit. In California, a damage cap exists in personal injury cases, but it only applies to medical malpractice claims, and it limits non-economic damages to $250,000 in medical malpractice cases.
