Quick answer: If you lost a loved one because of someone else’s negligence in Mississippi, the state’s wrongful death statute (Miss. Code § 11-7-13) lets surviving family bring a single claim for both the family’s losses and the decedent’s own losses. The deadline is generally three years (Miss. Code § 15-1-49), and Mississippi’s pure comparative fault rule (§ 11-7-15) means recovery is possible even if the decedent was partly at fault. Call 800-224-5546 for a free, compassionate consultation — no fee unless you win.
- One claim, brought by the statutory beneficiaries — the spouse, children, parents, or siblings — under Miss. Code § 11-7-13.
- Two kinds of damages combine: the family’s losses (lost support, companionship, guidance) and the estate’s losses (the decedent’s medical bills, funeral costs, and pre-death pain and suffering).
- Generally a three-year deadline — shorter if a government entity is involved.
- Pure comparative fault — partial fault reduces, but does not bar, recovery.
- Common causes: car and truck crashes, medical negligence, defective products, and unsafe premises.
Who Can File a Wrongful Death Claim in Mississippi?
Mississippi’s wrongful death statute is unusual: it creates one lawsuit that all eligible survivors share, rather than separate suits. The people entitled to recover are, in order, the surviving spouse, children, parents, and siblings; if none survive, the personal representative of the estate may bring the claim for the benefit of the estate. Sorting out who has the right to file — and how any recovery is divided — is one of the first things a lawyer handles.
What Damages Are Available?
A Mississippi wrongful death claim can recover for both the survivors and the estate: the family’s loss of financial support, services, society, and companionship; and the decedent’s own losses — medical expenses before death, funeral and burial costs, lost wages, and the pain and suffering endured before passing. Because these elements overlap and the proof is detailed, valuing the case correctly requires economic and medical experts, not the insurer’s first offer.
Common Causes of Wrongful Death
We handle Mississippi wrongful death cases arising from car and truck accidents, motorcycle and pedestrian crashes, defective products, unsafe property conditions, and workplace incidents. Whatever the cause, the core questions are the same: who was negligent, what did the family and estate lose, and which insurance policies and defendants can be reached.
Why Choose Southern Injury Attorneys
Losing a family member is devastating, and the legal process should not add to the burden. We handle every detail — the investigation, the insurers, and the court filings — with care and persistence, and we build each case for trial, which is what drives fair settlements. You pay nothing unless we win. Our headquarters is at 5865 Ridgeway Center Pkwy, Suite 390, Memphis, TN 38120 · 800-224-5546; consultations are free and can be handled by phone. See our Mississippi personal injury overview for how we help families statewide.
Mississippi Wrongful Death FAQs
Who can file a wrongful death claim in Mississippi?
The statutory beneficiaries — the surviving spouse, children, parents, or siblings — under Miss. Code § 11-7-13. Mississippi allows a single claim that these survivors share; if there are no eligible relatives, the estate’s personal representative may file.
How long do I have to file?
Generally three years from the date of death under Miss. Code § 15-1-49, though the deadline can be shorter when a government entity is involved or different when the death follows certain other claims. Talk to a lawyer promptly to protect the claim.
What can we recover?
Both the family’s losses (financial support, companionship, guidance) and the estate’s losses (the decedent’s medical bills, funeral costs, lost income, and pre-death pain and suffering). The exact mix depends on the facts of the case.
What if my loved one was partly at fault?
You may still recover. Mississippi uses pure comparative fault (Miss. Code § 11-7-15), so any shared fault reduces the recovery proportionally but does not eliminate it.
How much does a Mississippi wrongful death lawyer cost?
Nothing up front. Southern Injury Attorneys work on a contingency fee — you pay legal fees only if we recover compensation. The initial consultation is free.
Talk to a Mississippi Wrongful Death Lawyer — Free
Get a free, no-obligation, and compassionate consultation. Call 800-224-5546 — no fee unless you win. You can also contact us online.
This page is general legal information, not legal advice. Every case is different and outcomes are never guaranteed. Contacting us does not create an attorney-client relationship.
