MS HB1071

Only a personal representative has authority to settle wrongful death actions.

Personal representatives must petition chancery or circuit court for approval of any wrongful death settlement, providing verified petition with facts about the death, liability, insurance available, settlement terms, beneficiaries, heirs, creditors, and attorney's fees if represented by counsel.

Court must schedule a hearing to evaluate the settlement and issue an order approving or disapproving the proposed settlement; once approved, the personal representative may execute settlement documents.

Once a settlement is court-approved and payment made to the personal representative, the defendant and all responsible parties are fully released from further liability and have no obligation regarding distribution of proceeds.

Wrongful death actions filed in courts other than chancery court must notify the chancery court within 10 days of filing; effective July 1, 2019.