Losing someone you love is always painful, but when their death is caused by someone else’s carelessness or wrongdoing, the grief can be even more difficult to bear. In Mississippi, wrongful death laws give surviving family members the right to take legal action. A wrongful death claim may help families recover compensation for their losses while also holding the responsible party accountable.

Who Can File a Wrongful Death Claim in Mississippi?

Mississippi law allows the following people to file a wrongful death claim:

• The surviving spouse
• Children of the deceased
• Parents, if there is no surviving spouse or child
• Siblings, in some situations
• A personal representative of the deceased’s estate

Only one claim can be filed, but multiple beneficiaries may be entitled to receive a portion of any settlement or award.

What Qualifies as a Wrongful Death?

A wrongful death in Mississippi occurs when someone dies due to the negligence, wrongful act, or omission of another person or entity. Common causes include:

• Car or truck accidents
• Motorcycle crashes
• Medical malpractice
• Nursing home neglect
• Workplace accidents
• Dangerous premises or defective products
• Criminal acts such as assault or homicide

If the deceased could have filed a personal injury lawsuit had they survived, their family may have grounds for a wrongful death claim.

What Damages Are Recoverable?

A wrongful death claim in Mississippi can result in compensation for both economic and non-economic losses, including:

• Medical expenses related to the injury or illness
• Funeral and burial costs
• Loss of income and financial support
• Pain and suffering of the deceased before death
• Loss of companionship, care, and guidance
• Emotional suffering of surviving family members

In cases of gross negligence or intentional harm, punitive damages may also be awarded to punish the wrongdoer.

Statute of Limitations in Mississippi

In most cases, the statute of limitations for filing a wrongful death claim in Mississippi is three years from the date of death. However, if the death was caused by an intentional act (like assault), the time limit is one year.

It’s important to speak with a lawyer early so you don’t miss the deadline and lose your right to seek justice.

Wrongful Death and Car Accidents in Mississippi

Car accidents are one of the most common causes of wrongful death in the state. If your loved one died in a crash caused by another driver’s negligence, you may be able to file a wrongful death lawsuit for compensation beyond what’s available through insurance.

Mississippi follows a pure comparative fault rule, which means compensation can still be recovered even if the deceased was partially at fault—though the amount may be reduced based on their percentage of blame.

Fatal Workplace Accidents in Mississippi

If a worker is killed on the job, their family may be entitled to workers’ compensation death benefits, which usually include funeral expenses and a portion of the deceased’s wages.

If a third party—such as a subcontractor or manufacturer—was involved in the incident, the family may also be able to pursue a separate wrongful death lawsuit for additional compensation.

Frequently Asked Questions About Wrongful Death in Mississippi

What happens if the deceased didn’t leave a will?

A personal representative will still be appointed by the court to file the wrongful death claim. The absence of a will doesn’t prevent legal action.

Can a family pursue a claim if there’s a criminal case?

Yes. A wrongful death lawsuit is a civil case and can move forward regardless of whether a criminal case is filed or results in a conviction.

How is compensation divided?

If multiple family members are eligible, the court will divide the settlement or judgment according to each person’s relationship with the deceased and the impact of the loss.

What is the role of the personal representative?

The personal representative handles legal filings and negotiates or litigates the claim on behalf of the estate and family. This person may be a family member or court-appointed administrator.

Contact a Mississippi Wrongful Death Lawyer Today

If you’ve lost a loved one due to someone else’s negligence, speaking with a wrongful death attorney in Mississippi can help you understand your rights and legal options. An experienced lawyer will guide you through the claims process and work to secure the compensation your family needs. Call today for a free consultation and compassionate support.