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Mississippi Wrongful Death Questions & Answers

1 Answer | Asked in Car Accidents, Civil Rights and Wrongful Death for Mississippi on

Q: In Mississippi what reason would police not have to test a person who hit a pedestrian who died as result of injuries?

The dead was tested but not driver it was determined by a field sobriety test they were good to go? But another person did same and both were tested

Peter N. Munsing answered on Apr 6, 2019

No great reason unless the person had no sign of alcohol and claimed no use--they need probable cause, and if the person wasn't dead on the scene the fact there is a hit isn't enough.

1 Answer | Asked in Wrongful Death for Mississippi on

Q: Will we be able to get her portion from the wrongful lawsuit??

My mom and her sisters and brothers did a lawsuit on their dad because of wrongful death (gave him the wrong meds) and the lawsuit been going on for a few years and my mom passed away in Nov last year and this year her siblings tell her kids that we won't be getting her portion Because she passed... Read more »

Arthur Calderon answered on Nov 4, 2018

That is not necessarily true. Since your mother passed, you and your sibling may be entitled to the portion that she would have received had she lived (only divided amongst yourselves). You should seriously consider talking with an attorney about this.

1 Answer | Asked in Criminal Law and Wrongful Death for Mississippi on

Q: Is this true? Due to emergency overcrowding: 1stTime Non violent can be parole at 15%

Heard the 15% admendment was effective in July 2018. My sons charge is accessory After the Fact

Arthur Calderon answered on Aug 29, 2018

Looking at the current legislative session, there does not appear to be any statute mandating release after a first time offender serves 15% of their sentence.

1 Answer | Asked in Family Law and Wrongful Death for Mississippi on

Q: my father was shot and paralyzed a long time ago they run the per out of town he died as result of gunshot years later

Also it was premetatated Can i get a wrongfull death case in mississippi

Peter N. Munsing answered on Mar 30, 2018

Unlikely but possible, but the problem is if the person that killed him has no assets or income you will get a sheet of paper that is worthless and you have to spend a lot of money along the way.

1 Answer | Asked in Civil Litigation, Family Law, Probate and Wrongful Death for Mississippi on

Q: In a Mississippi wrongful death case is there a state law to say how the settlement is divided amongst family members?

In a wrongful death lawsuit for my brother, we have agreed on an amount and finished all things required by law. Everything will be completed on our court date in October. When we go to court will the judge or the executor decide upon the division?

Or is there a state law that requires the... Read more »

Arthur Calderon answered on Feb 11, 2018

In Mississippi, certain people may get first priority in terms of a settlement or award, depending on the facts of your case.

1 Answer | Asked in Wrongful Death for Mississippi on

Q: How long do I have to file a lawsuit in Frderal Court in the state of Mississippi for a Wrongful Death Lawsuit ?

Peter N. Munsing answered on Feb 11, 2018

You don't say where the carelessness that caused the death happened. Wherever it was, contact that state's Assn for Justice or Trial Lawyers Assn --in La it's the La.Trial Lawyers Assn. They will give you a free consult. It's not d.i.y

2 Answers | Asked in Wrongful Death for Mississippi on

Q: Can my brother-in-law legally file a wrongful death suit on my husband, who is his brother, without telling me ?

Baskin Lowber Jones answered on Dec 25, 2017

You need to talk to a Mississippi Wrongful Death Attorney.

You or your children are the people who should recover in a wrongful death claim in Mississippi. Mississippi's Wrongful Death MS Code § 11-7-13

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1 Answer | Asked in Wrongful Death for Mississippi on

Q: I have won a wrongful death lawsuit for the death of my brother. Can my winnings be garnished for my debt?

This is in the state of Mississippi. I've found multiple state laws for a lot of other states stating that wrongful death proceeds cannot be garnished, and what types of debts my brother would have owed that can be garnished. But I cannot find the laws for mississippi on what specific lawsuits can... Read more »

Peter N. Munsing answered on Aug 24, 2017

Once you get the check they can be. In other words they can't garnish them at the insurance company level. Why not discuss this with your attorney?

1 Answer | Asked in Wrongful Death for Mississippi on

Q: If my dad didn't have a will but listed mom as beneficiary on a life ins., will that work as a will for wrongful death?

Mom's step children, my half siblings, are trying to take a child's part in a wrongful death. My dad was killed in an auto accident and didn't have a will, but he has mama listed as a beneficiary on a life insurance. Will that work as a beneficiary for the auto carrier to keep any of the children... Read more »

Peter N. Munsing answered on Aug 24, 2017

Your mother should consult with a member of the Miss. Assn for Justice/Trial Lawyers Assn--they give free consults.

Generally, a lot depends on if the children were children of your father or not, and if they are minor children. She needs a lawyer on her side and should get a free consult,...
Read more »

1 Answer | Asked in Civil Litigation, Wrongful Death and Personal Injury for Mississippi on

Q: Hello, does Mississippi have a law for Intentional Emotional suicide (IIED) due to a person harassed by spouse?

Hello...Does Mississippi State have an IIED law whereby a spouse is harassed and bullied to the breaking point of committing suicide? Intentional Emotional Distress. Can you please refer me to Case Law for wrongful death on this topic? Thank you for your help.

Peter N. Munsing answered on Aug 6, 2017

It would be up to the DA to charge. Contact a womens law project in your state for case law if any.

1 Answer | Asked in Wrongful Death for Mississippi on

Q: Is there a time set that an insurance company has to payout after papers have been signed for a wrongful death lawsuit?

We have signed papers over 5 weeks ago to accept the amount offered for a wrongful death lawsuit and our lawyer says they still have no idea when the settlement could pay out. I was wondering if there's a mississippi state law that sets a time limit for the payout?

Peter N. Munsing answered on Mar 29, 2017

Not unusual. If there was a hold for social security /medicare to say no claims that would explain it. Lawyer not paid unitl it's done, so they'll be working it. Chill.

1 Answer | Asked in Wrongful Death for Mississippi on

Q: Can i sue for wrongful death of my 9 yrs old daughter the accident happened in 1998

my ex husband had custody of my daughter and he disappeared with her in 1992. I have searched for her ever since. After searching for her for 25 years, i finally found her grave site. I didn't know that my daughter was dead, i am devistated. i want answers. i want to know why? The internet says... Read more »

Peter N. Munsing answered on Jan 11, 2017

I wish I had good news but unfortunately the statute of limitations is long gone. I suggest you contact a member of the Mississippi Assn for Justice as they give free consultations and at least you'll know you did what you could.

If I may presume, as you seem to be in a lot of pain,there...
Read more »

1 Answer | Asked in Family Law and Wrongful Death for Mississippi on

Q: I wanna file a wrongful death suit for my mother's death how many years do I have its been a while ago

Peter N. Munsing answered on Jan 3, 2017

Assuming it's Mississippi it's 3 years I believe. Why not contact a member of the Miss. Assn for Justice--they give free consults.

1 Answer | Asked in Wrongful Death for Mississippi on

Q: Ok this man hit and killed my baby brother april112015 ok he was high on drugs when he has t my brother's truck ok he's

Been to trial and the jury found him guilty of dui but not guilty of killing my bro. And guilty of poss.of controlled substance ok him father in owned the truck he was driving that killed my brother and after the accident the owner did a bill of sale and got not insured in daughters name ok father... Read more »

Peter N. Munsing answered on Dec 8, 2016

Get the advice of another attorney. You /the attorney need to find out if there was excess or "umbrella " coverage. Did your brother have insurance on his vehicle? Was there underinsured coverage? Suggest you contact a member of the Miss. Assn for Justice in your area--they give free consultations.

1 Answer | Asked in Wrongful Death for Mississippi on

Q: Ok the insurance company is asking me to sign off and drop my suit and someone is telling me yes and come back and suit

People for something different not wrongful death what should I do

Peter N. Munsing answered on Dec 8, 2016

You haven't said what the facts were so I really suggest you need to talk to a member of the Miss. Assn for Justice in your area--they give free consultations.

1 Answer | Asked in Wrongful Death for Mississippi on

Q: Can my daughters mother sign a power of attorney over to me in a wrongful death suit

She has been going through a messy divorce

Adam Studnicki answered on Jul 18, 2015

More information is needed to answer this. Talk to a local injury lawyer about the wrongful death case.

1 Answer | Asked in Wrongful Death for Mississippi on

Q: Does a hospital lien attach to a wrongful death settlement in Mississippi

Terrence Rubino answered on Nov 8, 2011

i don't practice in miss. but if the bills are for the decedent, the hospital lien probably attaches. the lawyer handling the case would be in the best position to answer this.

1 Answer | Asked in Wrongful Death for Mississippi on

Q: If my lawyer stoped on my wrongful death case in 2009 can it still be reopened?

Terrence Rubino answered on Jun 30, 2011

if the statute of limitations is 2 years in miss. and the suit was not dismissed, you should be able to file. you need to get a miss lawyer preferably in the county or nearby county of where the wrongful death occurred.

1 Answer | Asked in Wrongful Death for Mississippi on

Q: Do i need Wrongful death lawyer?

Burton A. Padove answered on Apr 9, 2011

I am not licenses in Mississippi. However, wrongful death cases are very difficult and I would definately suggest that you lawyr up and hire one.

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