Losing An Adopted Child To Another’s Negligent Acts: The Rights Of Adoptive Parents In Mississippi Wrongful Death Cases

It’s virtually a universal sentiment that a parent should never have to bury a child. It feels unnatural to fathom that a child would pass away before their parents, leaving more than an empty nest, but also empty and broken hearts. The scenario doesn’t change when a child is not blood-related to their surviving parents but, rather, is adopted. Parents who have lost an adopted child feel the same pain and anguish. Accordingly, whether a child is blood-related to their parents or is adopted, one of the worst things, if not the worst thing, a parent can imagine is outliving their own child and planning out their child’s funeral and grave. However, the sad truth is that parents sometimes outlive their children, and for reasons beyond the terrible realities of illnesses or other causes of natural death. Sometimes a child passes away due to the negligence or careless and wrongful act of another person. When these terrible negligent or wrongful accidents occur and result in the death of an adopted child, adoptive parents may ask themselves if they have the same recourse as that of the child’s birth parents, or if there is even any recourse at all. Fortunately, Mississippi wrongful death laws allow adoptive parents to seek justice for the loss of an adoptive child, just as if the adopted child was their child by birth.

The Basics: Wrongful Death Claims in Mississippi

Under the Mississippi Code, “Actions for injuries producing death”, otherwise known as the Mississippi wrongful death statute, a person can bring a lawsuit to recover monetary compensation for loss of a loved one due to another’s negligent or wrongful acts. The lawsuit can be brought against a corporation if it was negligent in causing their loved one’s death, or an individual person. Importantly, the deceased person’s surviving family members that can bring a lawsuit are limited to a small pool: the surviving spouse, parents, or siblings. The wrongful death lawsuit can also be brought in the name of the personal representative of the deceased person for the benefit of all the deceased person’s family members that can recover under the law. Family members of deceased persons who are successful with a wrongful death lawsuit in Mississippi may be entitled to funeral costs, the costs of medical bills for treatment of the deceased family member, and compensation for pain and suffering, among other remedies.

Adoptive Parents’ Rights to Recovery Under Mississippi Wrongful Death Laws

Under Mississippi wrongful death laws, “[a]ny rights which a blood parent or parents have under this section are hereby conferred upon and vested in an adopting parent or adopting parents surviving their deceased adopted child, just as if the child were theirs by the full blood and had been born to the adopting parents in lawful wedlock.” Simply put, the plain language of the Mississippi wrongful death statute entitles parents of adopted children to recover compensation in wrongful death cases, just as a birth parent would.

Help with Your Mississippi Wrongful Death Case

The loss of a child is a terrible tragedy that no person should have to suffer through. However, parents of deceased children, whether blood-related or adopted, can seek justice for their loved ones when a negligent accident causes their child’s death. If you have lost a loved one due to the negligence of another in Mississippi, contact the experienced Batesville personal injury lawyers at Lunsford Baskin & Priebe. The experienced Mississippi personal injury lawyers at Lunsford Baskin & Priebe offer a confidential consultation to learn about your story and to see if they can help. Contact the law offices of Lunsford Baskin & Priebe today and speak to a Mississippi personal injury lawyer about your rights and options.