Mississippi Amended Complaint for Personal Injury and Wrongful Death

State:
Multi-State
Control #:
US-PI-0300
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample personal injury complaint filed by guests at motel which failed to provide adequate security, thereby permitting unauthorized persons access premises, resulting in the death of one of the plaintiffs and injury to others.

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FAQ

Rule 81 requires use of a special summons which commands that the defendant appear and defend at a specific time and place set by order of the court and informs him or her that no answer is necessary. See MISS. R.

The highest wrongful death settlement was $160 million.

Mississippi wrongful death statute caps non-economic damages in these categories: Medical malpractice at $500,000. Product liability at $1,000,000. Pharmaceutical liability at $1,000,000.

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.

"The doctrine of last clear chance, otherwise known as the doctrine of discovered peril, as the doctrine of supervening negligence, and, less frequently, as the humanitarian doctrine, stated broadly, is that the negligence of the plaintiff does not preclude a recovery for the negligence of the defendant where it ...

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.

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.?

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.

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Mississippi Amended Complaint for Personal Injury and Wrongful Death