This form is a sample complaint for use in a personal injury case involving a train-automobile collision resulting in the death of the driver of the automobile.
Mississippi Complaint for Personal Injury and Wrongful Death Due to Train or Automobile Accident
State:
Multi-State
Control #:
US-PI-0276
Format:
Word;
Rich Text
Instant download
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How to fill out Complaint For Personal Injury And Wrongful Death Due To Train Or Automobile Accident?
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FAQ
Laws Limit Recovery for Non-Economic Damages Mississippi is one of the many states that have enacted caps on non-economic damages, including pain and suffering. Currently, the cap is set at $1,000,000 for all civil cases except medical malpractice claims, which are limited to $500,000.
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.
Wrongful death happens when somebody is killed because of another person or entity's negligence or misconduct. Although there may be a criminal prosecution related to the fatality, a wrongful death lawsuit is a civil action that is separate and distinct from any criminal charges.
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.
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.
Under Mississippi's law, any financial compensation awarded in a wrongful death lawsuit will be divided in the following manner: If an adult has a spouse and no children, the spouse will receive everything. If an adult has both a surviving spouse and children, all compensation will be divided equally between them.
State law caps noneconomic damages, intended to cover intangible losses like pain, suffering, and loss of companionship, in most wrongful death cases at $1,000,000. If the death was the result of medical malpractice, however, the cap is $500,000.
The highest wrongful death settlement was $160 million.