Understanding Your Rights After a Fatal Accident in Mississippi
When a loved one dies suddenly due to someone else’s careless or wrongful actions, families are left grieving, confused, and searching for answers. These tragic events happen across Mississippi—from fatal car crashes in Jackson and truck accidents near the Gulf Coast, to construction site fatalities in Hattiesburg and medical malpractice deaths in Tupelo. When death occurs because of another party’s negligence, Mississippi law gives surviving family members the right to file a wrongful death lawsuit.
But who exactly can file the lawsuit? What types of damages can be recovered? And how does Mississippi law protect grieving families?
I’m Jonathan Barrett, an experienced Mississippi wrongful death lawsuit attorney, and I’ve spent decades helping families recover compensation and justice after devastating losses. At Barrett Law, PLLC, we’re dedicated to helping Mississippians throughout the state—from the Delta to the Gulf Coast—understand their rights and take the next legal step after the death of a loved one.
This guide will walk you through who can sue under Mississippi wrongful death law, how wrongful death claims work, and how our law firm can help you pursue a case with compassion and skill.
What Is a Wrongful Death Claim in Mississippi?
Under Mississippi Code § 11-7-13, a wrongful death occurs when someone’s death is caused by the “real, wrongful or negligent act or omission” of another person or business. If the deceased could have filed a personal injury lawsuit had they survived, then their surviving family or estate may pursue a wrongful death lawsuit.
These claims often arise from:
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Car, truck, or motorcycle accidents
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Medical malpractice
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Workplace injuries
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Nursing home abuse or neglect
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Defective products
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Criminal acts
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Premises liability accidents (falls, fires, electrocutions, etc.)
In short, any fatal incident caused by negligence or intentional misconduct may give rise to a wrongful death case in Mississippi.
Who Can File a Mississippi Wrongful Death Lawsuit?
Mississippi’s wrongful death statute clearly outlines who is legally allowed to file. One lawsuit may be brought, but multiple eligible parties may share in the recovery. According to the statute, a wrongful death action may be filed by:
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The personal representative (executor or administrator) of the deceased’s estate
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The surviving spouse
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The surviving parents
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The children of the deceased
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The siblings of the deceased
If there is no will or estate plan naming a personal representative, family members may step in to file the claim. Importantly, only one wrongful death action may be filed per deceased person. However, multiple family members may be beneficiaries to the lawsuit’s recovery.
At Barrett Law, we often help grieving families coordinate and understand their rights—especially in cases where different family members are unsure who can or should pursue the claim. When there is a dispute, the court may be asked to appoint a representative or decide how compensation should be shared.
What Compensation Can Be Recovered?
Wrongful death damages fall into three main categories:
1. Economic Losses
These include all tangible financial costs associated with the death, such as:
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Funeral and burial expenses
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Medical bills related to the final illness or injury
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Loss of income the deceased would have earned
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Loss of benefits (health insurance, retirement, pensions)
2. Non-Economic Losses
These are less tangible but just as real:
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Pain and suffering (both for the deceased and surviving family)
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Loss of companionship, guidance, and support
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Emotional distress of surviving family members
3. Punitive Damages
If the at-fault party’s actions were grossly negligent or intentional—such as a drunk driving crash or nursing home abuse—punitive damages may be awarded to punish and deter future similar conduct.
At Barrett Law, we work with forensic economists, accident investigators, and expert witnesses to fully document the loss and value of a wrongful death case. This includes calculating lost earnings, emotional impact, and any aggravating factors that may increase the value of your claim.
Common Fatal Injury Scenarios in Mississippi Wrongful Death Cases
The types of accidents that lead to wrongful death lawsuits are as varied as the people affected. Here are some of the most common examples we’ve seen:
Motor Vehicle Accidents
From Highway 49 to I-55, Mississippi’s roadways see thousands of serious accidents each year. Wrongful death may result from:
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Distracted or drunk driving
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Reckless or high-speed driving
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Commercial truck collisions
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Motorcycle crashes
Medical Malpractice
If a doctor, hospital, or nursing home fails to meet the standard of care, it can lead to:
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Surgical errors
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Misdiagnosis or delayed diagnosis
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Medication errors
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Birth injuries
Workplace Accidents
Mississippi’s agriculture, construction, and manufacturing sectors are especially dangerous. Fatalities may occur due to:
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Unsafe equipment
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Falls from heights
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Electrocutions
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Lack of safety procedures
Nursing Home Abuse or Neglect
In understaffed or poorly managed facilities, vulnerable residents may die due to:
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Bedsores and infections
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Falls and head injuries
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Malnutrition or dehydration
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Medication overdose
Premises Liability
Property owners who fail to maintain safe conditions can be held liable if someone dies due to:
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Structural collapse
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Fires or carbon monoxide poisoning
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Inadequate security
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Drowning in unguarded pools
Each of these cases requires specific legal knowledge and investigative steps, which is why working with an experienced Mississippi wrongful death attorney like myself is so important.
Legal Deadlines: What Is the Statute of Limitations?
In Mississippi, the statute of limitations for most wrongful death lawsuits is three years from the date of death. However, in some cases—such as deaths caused by medical malpractice or government negligence—the window may be shorter.
Don’t assume you have unlimited time. Gathering evidence, consulting experts, and preparing a case takes time. Delaying your claim can result in lost evidence, uncooperative witnesses, or missed deadlines that may forever bar your right to sue.
Steps to Take After a Fatal Accident in Mississippi
If you believe your loved one died due to someone else’s actions, here’s what you should do as soon as possible:
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Secure medical records and death certificate
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Gather accident reports or workplace incident documentation
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Preserve evidence (photos, witness contact info, receipts)
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Avoid speaking to insurance adjusters without legal counsel
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Call a wrongful death attorney who can investigate and advise you
At Barrett Law, we offer free consultations and will help you understand your rights without any upfront legal fees. If we take your case, you won’t pay unless we win compensation for you.
Frequently Asked Questions About Mississippi Wrongful Death Lawsuits
What is the difference between a wrongful death claim and a criminal case?
A wrongful death lawsuit is a civil case that seeks monetary compensation. A criminal case is brought by the state to seek jail time or fines. Even if criminal charges are filed, you can still file a wrongful death lawsuit.
Can I file a wrongful death claim if the person was partially at fault?
Yes. Mississippi follows pure comparative negligence laws, meaning damages may be reduced based on the deceased’s share of fault—but the case is not automatically barred.
Who decides how the money is divided if multiple family members sue?
Mississippi law governs how wrongful death proceeds are distributed. The court may also intervene if family members disagree on the division.
What if the deceased didn’t have a will?
The court may appoint a personal representative, and family members can still bring the lawsuit under the statute even if no estate plan exists.
Do I need to hire a lawyer for a wrongful death claim?
Yes. These cases involve insurance companies, detailed legal processes, and strict deadlines. An experienced attorney is essential to protect your rights and maximize compensation.
Can I sue a government agency for wrongful death?
In some cases, yes—but shorter deadlines and special rules apply under the Mississippi Tort Claims Act. It’s critical to act quickly in these cases.
How long will the lawsuit take?
Some cases settle in months, others take years. At Barrett Law, we push for a resolution as efficiently as possible, but we never rush to settle for less than full value.
Can a sibling file a wrongful death lawsuit?
Yes, siblings are among those allowed to bring a lawsuit under Mississippi Code § 11-7-13.
What is the first step in filing a wrongful death case?
Contacting an experienced Mississippi wrongful death lawyer to review the facts of your case, identify who has legal standing, and begin preserving evidence.
Can we sue more than one person or company?
Yes. In many cases, multiple parties share liability—such as a driver and an employer, or a product manufacturer and a distributor. Your attorney can determine all liable parties.
Has Your Loved One Suffered a Fatal Accident in Mississippi?
Call Mississippi Wrongful Death Lawsuit Attorney Jonathan Barrett 24/7/365 at (601) 790-1505 for Your FREE Consultation
At Barrett Law, PLLC, we understand that no amount of money can replace the life of a loved one. However, filing a wrongful death lawsuit can bring financial stability and hold the responsible party accountable for their negligence. Our firm has decades of experience representing Mississippi families in fatal accident and wrongful death claims involving car wrecks, workplace injuries, medical negligence, and nursing home abuse.
Our team handles every aspect of your case—from investigation and evidence gathering to negotiations and trial—so that you can focus on healing and protecting your family’s future. We are dedicated to helping Mississippi families achieve justice and obtain the compensation they deserve for their loss.
Jonathan Barrett fights for Mississippians – call 24/7/365 at (601) 790-1505 to receive your FREE consultation. We proudly represent clients across the entire State of Mississippi, including Jackson, Gulfport, Southaven, Hattiesburg, Biloxi, Olive Branch, Tupelo, Meridian, Pearl, Madison, Greenville, Oxford, Clinton, Horn Lake, and Brandon, MS.
