Losing a loved one in a Mississippi car accident is a devastating experience, especially when the accident was caused by another party’s negligence. A wrongful death lawsuit allows surviving family members to seek compensation for their loss, covering medical bills, funeral expenses, lost income, and emotional suffering. However, one of the most common concerns in wrongful death settlements is how the compensation is divided among family members.
At Barrett Law, PLLC, we understand the emotional and financial challenges families face after a wrongful death. Jonathan Barrett, a Mississippi car accident attorney, has decades of experience representing families who have lost loved ones in fatal accidents. If you have questions about a wrongful death lawsuit, our firm is here to help you navigate the legal process and recover the full compensation you deserve.
Understanding Wrongful Death Laws in Mississippi
A wrongful death claim is a civil lawsuit filed when someone’s death was caused by the negligence or misconduct of another party. These cases commonly arise from car accidents, trucking accidents, motorcycle crashes, medical malpractice, defective products, and workplace incidents.
Who Can File a Wrongful Death Lawsuit in Mississippi?
Mississippi law limits who can file a wrongful death lawsuit under Miss. Code Ann. § 11-7-13. The following individuals may file a claim:
- The deceased person’s spouse
- The deceased person’s children
- The deceased person’s parents (if no spouse or children exist)
- The deceased person’s siblings (if no spouse, children, or parents exist)
- A personal representative of the deceased’s estate
The settlement in a wrongful death case is intended to provide financial relief for the deceased’s survivors. However, the division of compensation depends on several factors, including the family structure and the type of damages awarded.
How Are Wrongful Death Settlements Divided Among Family Members?
In Mississippi, wrongful death settlements are distributed among the eligible family members according to the following rules:
1. If the Deceased Had a Spouse and Children
If the deceased was married and had children, the settlement is divided equally among the spouse and children.
For example, if a wrongful death settlement is $1,200,000 and the deceased had a spouse and two children, each would receive $400,000.
2. If the Deceased Had a Spouse but No Children
If the deceased was married but did not have children, the entire settlement goes to the spouse.
3. If the Deceased Had Children but No Spouse
If the deceased had children but was not married at the time of death, the settlement is divided equally among the children.
For instance, if there are three children, each child would receive one-third of the total settlement.
4. If the Deceased Had No Spouse or Children
If the deceased had no spouse or children, the settlement is divided equally among the surviving parents and siblings.
If both parents are alive, each parent receives an equal share. If only one parent is alive, they receive the entire amount. If there are no surviving parents, the settlement is split among the deceased’s siblings.
5. If the Deceased Had No Immediate Family
If the deceased had no surviving spouse, children, parents, or siblings, the estate of the deceased receives the settlement. The funds may then be distributed according to the deceased’s will or Mississippi’s inheritance laws.
Who Decides How the Settlement Is Distributed?
When multiple family members are entitled to a wrongful death settlement, they can:
- Reach a mutual agreement on how to divide the settlement.
- Follow the legal distribution outlined in Mississippi’s wrongful death law.
- Request court intervention if there is a dispute over the distribution.
If family members cannot agree, a judge will determine how the settlement should be divided based on the circumstances of the case.
Legal Considerations in Wrongful Death Settlements
Economic vs. Non-Economic Damages
Mississippi wrongful death claims involve two primary types of damages:
- Economic Damages – Covers medical expenses, funeral costs, and lost income.
- Non-Economic Damages – Compensates for pain and suffering, loss of companionship, and emotional distress.
The way these damages are distributed may vary depending on who was financially dependent on the deceased.
Tax Implications of Wrongful Death Settlements
Most wrongful death settlements are not taxable under federal law. However, any portion of the settlement attributed to punitive damages or interest may be taxable.
What Happens If There Are Multiple Lawsuits?
Mississippi law only allows one wrongful death lawsuit per deceased person. This means all family members must join the same legal action or risk forfeiting their right to compensation.
Practical Steps for Families Seeking a Wrongful Death Settlement
If your loved one died due to someone else’s negligence, follow these steps:
- Gather Documentation – Collect medical records, accident reports, and any available evidence.
- Identify Eligible Family Members – Determine who has the legal right to file a claim.
- Consult a Mississippi Wrongful Death Attorney – A qualified lawyer can guide you through the legal process.
- File a Lawsuit Within the Statute of Limitations – Mississippi’s statute of limitations for wrongful death claims is three years from the date of death.
- Negotiate a Fair Settlement – An attorney can help you recover the maximum compensation possible.
At Barrett Law, PLLC, we provide personalized legal representation to ensure families receive the full compensation they deserve.
Frequently Asked Questions About Wrongful Death Settlements in Mississippi
How long does a wrongful death lawsuit take in Mississippi?
Most cases take six months to two years, depending on disputes, court schedules, and settlement negotiations.
Can a wrongful death settlement be challenged in court?
Yes. If family members disagree on the distribution, a judge may step in to resolve disputes and divide the settlement fairly.
Do I need an attorney to file a wrongful death claim?
Yes. A Mississippi wrongful death attorney can investigate the case, gather evidence, negotiate with insurance companies, and represent you in court if necessary.
What if my loved one was partially at fault for the accident?
Mississippi follows a comparative negligence rule, meaning compensation may be reduced based on the deceased’s percentage of fault.
Can stepchildren or adopted children receive a share of a wrongful death settlement?
Yes. Legally adopted children have the same rights as biological children in wrongful death cases.
What happens if there is no will?
The wrongful death settlement will be divided according to Mississippi’s wrongful death laws, even if there is no will.
Can a settlement include punitive damages?
Yes. In cases of gross negligence or intentional harm, punitive damages may be awarded to punish the at-fault party.
Who pays the wrongful death settlement?
The settlement is typically paid by the at-fault party’s insurance company.
Injured or Lost a Loved One in a Car Accident in Mississippi? Call Mississippi Car Accident Attorney Jonathan Barrett 24/7/365 at (601) 790-1505 for Your FREE Consultation
If you have lost a loved one due to a fatal car accident in Mississippi, you deserve justice. At Barrett Law, PLLC, we fight for maximum compensation for families who have suffered wrongful death losses.
We represent clients across Mississippi, including Jackson, Gulfport, Southaven, Hattiesburg, Biloxi, Olive Branch, Tupelo, Meridian, Pearl, Madison, Greenville, Oxford, Clinton, Horn Lake, and Brandon.
📞 Call (601) 790-1505 today for a FREE consultation. We are available 24/7/365 to help your family seek justice and financial security.
