What Is the Statute of Limitations for Filing a Nursing Home Wrongful Death Claim in Mississippi?

Understanding the Legal Deadline That Could Determine Whether Your Family Can Recover Damages

When a loved one dies due to someone else’s negligence, few families are prepared for the legal and financial fallout. In Mississippi, the loss of a parent, spouse, or child can leave surviving family members emotionally shattered—and facing overwhelming medical bills, funeral expenses, lost income, and more. While no legal action can undo what happened, Mississippi law provides a way for families to seek justice and financial compensation through a wrongful death lawsuit.

But here’s something many grieving families don’t know: your time to act is limited. If you miss the deadline to file your claim—known as the statute of limitations—you could be permanently barred from recovering anything. That’s why it’s crucial to speak with an experienced attorney as soon as possible.

My name is Jonathan Barrett, and I’ve spent decades fighting for families across Mississippi who have lost loved ones due to car crashes, workplace accidents, defective products, medical negligence, and other wrongful acts. At Barrett Law, PLLC, we represent grieving families statewide—from Jackson and Gulfport to Tupelo and Southaven—helping them understand their rights, preserve their legal claims, and hold the responsible parties accountable.

Let’s break down what you need to know about wrongful death lawsuits in Mississippi—and how much time you actually have to file.

What Is a Wrongful Death Lawsuit in Mississippi?

Mississippi law defines a wrongful death as a death caused by “the wrongful, negligent, or intentional act” of another person or entity. Under Miss. Code Ann. § 11-7-13, surviving family members have the right to file a lawsuit seeking damages for:

Medical bills related to the fatal injury
Funeral and burial costs
Lost wages or benefits the deceased would have earned
Pain and suffering of the deceased prior to death
Loss of companionship, guidance, or support for surviving family members
Punitive damages in extreme cases (such as gross negligence or criminal conduct)

The law allows certain surviving family members to bring the claim—most commonly a spouse, child, parent, or estate representative.

The Mississippi Statute of Limitations for Wrongful Death

Here’s where it gets critical: Mississippi law sets a firm deadline for filing a wrongful death claim.

For most negligence-based wrongful death claims (like car crashes or medical errors), the deadline is three yearsfrom the date of death.
For wrongful deaths caused by an intentional act or assault, the deadline is one year from the date of death.

These timelines are strictly enforced. Waiting too long to contact a lawyer can destroy your ability to recover damages—even if the evidence clearly shows the other party was at fault.

This is why it’s so important to consult an experienced Mississippi wrongful death attorney like myself as soon as possible. At Barrett Law, we begin investigating immediately and ensure your claim is filed within the legal window.

Real-World Example: Fatal Crash in Hinds County

Not long ago, I represented a Jackson family who lost a loved one in a high-speed collision involving a delivery driver who had been texting behind the wheel. The driver ran a red light at Ellis Avenue and Highway 80, crashing into the side of my client’s car.

The family waited nearly a year before contacting an attorney. Fortunately, we were still within the three-year statute of limitations. We filed the lawsuit, secured black-box vehicle data and cell phone records, and ultimately recovered a seven-figure settlement for the family.

Had they waited even one more year, their claim might have been barred.

Who Can File a Wrongful Death Lawsuit in Mississippi?

Under Mississippi law, the following people may be eligible to file:

The surviving spouse
Children of the deceased
Parents (if the deceased has no spouse or children)
The personal representative (executor or administrator) of the deceased’s estate

Only one wrongful death claim can be filed per victim, but all eligible survivors may join in the lawsuit or recover damages through it.

Common Causes of Wrongful Death in Mississippi

I’ve helped families across the state recover compensation in a wide range of wrongful death cases, including:

Car and truck accidents caused by drunk driving, speeding, texting, or reckless behavior
Motorcycle and pedestrian accidents, especially at night or in rural areas
Workplace accidents, such as falls, machinery incidents, or exposure to hazardous materials
Medical malpractice, including surgical errors, missed diagnoses, or prescription mistakes
Nursing home neglect or abuse
Defective products, such as unsafe pharmaceuticals, auto parts, or household items
Criminal conduct, such as assaults or shootings on unsafe premises

Regardless of how the tragedy occurred, your family deserves to know whether a wrongful death claim exists.

Damages Available in a Mississippi Wrongful Death Lawsuit

Mississippi wrongful death law allows families to seek compensation for both economic and non-economic losses, including:

Medical expenses
Funeral and burial costs
Lost wages and benefits
Loss of financial support
Pain and suffering experienced by the deceased
Emotional suffering and loss of companionship
Punitive damages in cases involving gross negligence or intentional harm

Calculating damages accurately is complex. At Barrett Law, we work with forensic economists and life-care planners to ensure every future cost and loss is documented.

What If the Person Who Caused the Death Was Never Charged?

Many families mistakenly believe they can’t file a wrongful death claim unless there’s a criminal conviction. That’s simply not true.

A civil wrongful death lawsuit is completely separate from any criminal case. The burden of proof is lower in civil court, and you can still win your claim even if no criminal charges were filed—or if the defendant was found not guilty in a criminal trial.

What Happens If the Statute of Limitations Expires?

If the legal deadline passes, you may lose your right to file forever. There are very few exceptions to Mississippi’s statute of limitations—and courts apply them narrowly.

Possible exceptions include:

Discovery rule: If the cause of death wasn’t immediately known, the clock may begin when the cause is discovered (rare).
Minors or incapacitated individuals: The statute may be paused (tolled) until they can legally bring a claim.
Fraud or concealment: If the responsible party intentionally hid evidence or facts, the statute may be extended.

But these exceptions are hard to prove. That’s why you should act quickly—ideally within months of the death, not years.

How Barrett Law Helps Families After a Fatal Accident

Wrongful death claims are emotionally and legally complex. At Barrett Law, we take that burden off your shoulders. Here’s what we do:

Investigate immediately to preserve evidence
Identify all liable parties, including companies or employers
Work with expert witnesses in accident reconstruction, medicine, and economics
Negotiate aggressively with insurance companies
Litigate when necessary, including trial representation

We also treat you and your family with respect and compassion throughout the process. We know how overwhelming this can be—and we’re here to protect your legal rights every step of the way.

Frequently Asked Questions About Mississippi Wrongful Death Claims

How long do I have to file a wrongful death lawsuit in Mississippi?
In most cases, the statute of limitations is three years from the date of death. If the death was caused by an intentional act, the deadline is only one year. Always consult with an attorney to determine your specific deadline.

Who can file a wrongful death claim in Mississippi?
Mississippi law allows a surviving spouse, child, parent, or the estate’s personal representative to file the lawsuit. If there are multiple survivors, they may join the claim.

Can I still sue if no one was charged criminally?
Yes. A wrongful death lawsuit is a civil case and does not require a criminal conviction. You can sue based on evidence of negligence or wrongdoing even if no criminal charges are brought.

What if the person who died was partially at fault?
Mississippi follows a comparative fault rule. If the deceased was partially responsible, damages may be reduced but not necessarily eliminated.

What kind of damages can we recover?
You may be entitled to compensation for medical costs, funeral expenses, lost wages, loss of companionship, and possibly punitive damages.

Do I need a lawyer to file a wrongful death claim?
Yes. These claims are complex and insurance companies fight them aggressively. An experienced attorney like Jonathan Barrett can protect your rights and maximize your recovery.

Can we sue a company or employer for wrongful death?
Yes. If an employer, business, or corporation contributed to the death through negligence or unsafe practices, they can be held liable.

What if the deceased had no will?
You can still bring a wrongful death claim through the court-appointed estate representative. The absence of a will does not prevent a lawsuit.

How long does a wrongful death lawsuit take?
It varies, but many claims resolve within 12–24 months. Complex cases or those that go to trial can take longer.

What should we do right now?
Gather any available records, police reports, or witness names. Then call our office immediately so we can start protecting your claim.

Have You or Your Loved 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

You may only have one chance to recover the justice your family deserves. Whether your loved one died in a highway crash in Jackson, a workplace accident in Gulfport, or a preventable medical error in Tupelo—Barrett Law is here to help.

We proudly represent families across the state of Mississippi, including the Gulf Coast, Central, Southern, and Northern regions. That includes Jackson, Gulfport, Southaven, Hattiesburg, Biloxi, Olive Branch, Tupelo, Meridian, Pearl, Madison, Greenville, Oxford, Clinton, Horn Lake, and Brandon.