When a loved one dies in a Mississippi nursing home, families are left with grief, unanswered questions, and the overwhelming burden of what to do next. One of the most common questions we hear is, “How much does it cost to hire a wrongful death lawyer?” At Barrett Law, PLLC, we understand the financial concerns families face after a tragic loss, especially when they suspect the death was due to neglect or abuse.
You shouldn’t have to worry about legal fees when justice is on the line. That’s why Mississippi wrongful death attorney Jonathan Barrett offers compassionate, skilled legal representation on a contingency fee basis. This means you don’t pay any legal fees upfront—our firm is only paid if we win compensation on your behalf.
I’ve helped families throughout Mississippi—including Jackson, Gulfport, Southaven, and beyond—pursue justice against negligent nursing homes. In this blog, I’ll walk you through what you need to know about attorney fees, wrongful death claims, and how my team at Barrett Law can help your family during this difficult time.
How Wrongful Death Attorneys Are Paid in Mississippi
Most nursing home wrongful death lawyers in Mississippi, including our firm, operate on a contingency fee basis. That means we don’t charge any upfront fees. Instead, our legal fee is a percentage of the amount we recover through settlement or verdict.
This arrangement allows families to pursue justice without having to worry about out-of-pocket costs or expensive retainers.
Common Percentages
Contingency fees typically range from 33% to 40% depending on the complexity of the case. In some situations, such as a case that proceeds to trial or appeal, the fee percentage may be higher due to the additional time and resources required.
You only pay if we win.
We also front the costs of expert witnesses, filing fees, court reporters, depositions, and investigation expenses. These are recouped only if we recover compensation for you.
Common Scenarios That Lead to Nursing Home Wrongful Death
Sadly, nursing home deaths often result from preventable neglect or abuse. These aren’t just accidents—they are often caused by systemic failures, poor staffing, or failure to monitor.
Typical wrongful death cases we handle include:
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Undiagnosed or untreated infections, such as sepsis or UTIs
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Medication errors
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Severe bedsores (pressure ulcers) leading to complications
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Malnutrition or dehydration
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Unexplained falls and head trauma
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Choking or aspiration due to improper feeding protocols
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Wandering or elopement resulting in death
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Physical or sexual abuse by staff or other residents
Each of these scenarios represents a breach of the nursing home’s duty to care for your loved one. When that breach leads to death, surviving family members have the right to seek justice through a Mississippi wrongful death claim.
Who Can File a Nursing Home Wrongful Death Claim in Mississippi?
Under Mississippi Code § 11-7-13, a wrongful death claim can be filed by:
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The deceased’s surviving spouse
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Children, including adult children
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The parents of the deceased
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A personal representative of the estate
These individuals can seek compensation for both economic and non-economic losses caused by the wrongful death.
What Compensation Can Be Recovered?
Wrongful death claims seek compensation for both the estate and the surviving family members. Damages may include:
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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 companionship and support
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Emotional pain and suffering
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Loss of the deceased’s income or financial contributions
Punitive damages may also be available if the nursing home’s conduct was especially egregious or intentional.
Time Limits to File a Claim
In Mississippi, the statute of limitations for wrongful death claims is typically three years from the date of death (Miss. Code Ann. § 15-1-49). However, if the death resulted from medical malpractice or involves a government-run facility, the time limit may be shorter—as little as one year in some situations.
Missing this deadline can permanently bar your family from recovering any compensation. That’s why it’s critical to speak with an experienced Mississippi wrongful death lawyer as soon as possible.
Why Choose Barrett Law, PLLC?
At Barrett Law, we’ve spent decades holding nursing homes accountable across the state. We understand how to build strong wrongful death cases by:
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Securing medical records and identifying inconsistencies
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Working with forensic experts to prove cause of death
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Uncovering patterns of past abuse or neglect
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Reviewing state and federal nursing home violation records
Jonathan Barrett personally handles every case with the care and attention it deserves. We’re not a settlement mill. We’re a Mississippi law firm that fights for real families and real results.
Who Is Affected by Nursing Home Wrongful Death—and Why It Matters
The impact of a wrongful death goes beyond the person who died. It affects spouses, children, grandchildren, and the entire community. Financial loss is just one part of the pain. Survivors live with grief, guilt, and unanswered questions.
These cases are about accountability. When a facility’s actions (or inaction) lead to a preventable death, the law provides a path to justice. By filing a wrongful death lawsuit, families can uncover the truth, deter future misconduct, and secure resources to rebuild their lives.
Mississippi Laws That Apply
Nursing homes in Mississippi are regulated by both state and federal law, including:
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Mississippi Code § 43-11-1 et seq. – sets state standards for long-term care facilities
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Mississippi Code § 11-7-13 – governs wrongful death lawsuits
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42 CFR Part 483 – federal regulations on nursing home care standards
Nursing homes are required to provide a safe environment, adequate nutrition and hydration, proper medical care, and fall prevention protocols. Violating these duties can open them to legal liability.
Practical Advice for Families Considering a Claim
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Start documenting immediately – Save all medical records, facility communications, and witness accounts.
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Request an autopsy – This can provide critical evidence in disputed cause of death claims.
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Avoid discussing your suspicions with the facility – Their lawyers are already involved.
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Call a wrongful death lawyer quickly – Statutes of limitation are unforgiving in Mississippi.
At Barrett Law, we’ll walk you through each step, from investigation through trial, and ensure your family is protected every step of the way.
Nursing Home Wrongful Death Frequently Asked Questions (FAQs)
What is a contingency fee, and how does it work in wrongful death cases?
A contingency fee means you pay no attorney’s fees upfront. We only get paid if we win your case through a settlement or jury verdict. The fee is a percentage of the recovery and is agreed upon before we begin work on your case.
Do I need to pay anything to start a wrongful death lawsuit?
No. At Barrett Law, we advance all costs—including experts, filings, and investigations. If we don’t win, you owe us nothing.
What’s the average payout in a nursing home wrongful death case?
Settlements vary widely based on the facts. Cases involving clear negligence or regulatory violations often result in significant compensation. Some cases settle for six or seven figures. We can evaluate the strength of your case during a free consultation.
Can I sue even if the nursing home blames my loved one’s health condition?
Yes. Pre-existing conditions do not excuse neglect. If the facility failed to monitor, treat, or respond to a serious issue, they may still be liable.
Will the nursing home be shut down if I sue?
Not necessarily, but your lawsuit may trigger a state or federal investigation. If repeated violations are found, the facility may face penalties or closure.
What if my loved one died a year ago—can I still file?
Possibly. In Mississippi, you typically have up to 3 years, but some cases have shorter deadlines. Call us right away to determine if time remains.
Do I need a lawyer near me, or can you help statewide?
We represent families across Mississippi—whether you’re in Jackson, Biloxi, Tupelo, or a rural county. We’ll come to you if needed.
Can we recover damages for our emotional suffering?
Yes. Wrongful death law in Mississippi allows survivors to recover for pain, suffering, and loss of companionship.
What’s the difference between wrongful death and medical malpractice?
Wrongful death is the claim for loss of life due to negligence. Medical malpractice refers to the specific breach by a medical provider. Sometimes both claims overlap, especially in nursing home cases.
Why hire Barrett Law, PLLC instead of a national firm?
We’re local, experienced, and respected in Mississippi courts. Your case won’t be handed off to an out-of-state associate. Jonathan Barrett personally handles wrongful death lawsuits from start to finish.
Have You or Your Loved One Suffered Nursing Home Wrongful Death 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 proudly represent victims and families throughout Mississippi—whether you’re on the Gulf Coast or in the Mississippi Delta. We handle nursing home abuse and fatal accident claims in:
Jackson, Gulfport, Southaven, Hattiesburg, Biloxi, Olive Branch, Tupelo, Meridian, Pearl, Madison, Greenville, Oxford, Clinton, Horn Lake, Brandon, and beyond.

