When Tragedy Strikes: The Right Legal Help Can Make All the Difference

Losing a loved one due to someone else’s negligence is devastating. The emotional toll is often compounded by medical bills, funeral costs, and the loss of income or companionship. Families in Mississippi facing this tragic reality may have the legal right to pursue a wrongful death lawsuit and hold the responsible parties accountable.

I’m Jonathan Barrett, a Mississippi wrongful death lawyer with decades of experience helping families statewide. At Barrett Law, PLLC, we represent clients who have lost spouses, children, parents, and loved ones in fatal car crashes, truck accidents, workplace incidents, nursing home neglect, and other preventable tragedies. Our goal is to secure full compensation for those left behind while holding negligent parties legally liable.

This article will walk you through what it means to file a wrongful death claim in Mississippi. I’ll explain who can sue, what damages may be recovered, how long you have to file, and how Barrett Law can help you pursue justice after a fatal accident.


Understanding Wrongful Death in Mississippi

Wrongful death is a legal claim that arises when someone dies due to the negligence, recklessness, or intentional actions of another party. Under Mississippi Code § 11-7-13, a wrongful death claim can be brought when the deceased could have filed a personal injury lawsuit had they survived.

That means if your loved one died in a car crash caused by a drunk driver, or during surgery due to a preventable medical error, or in a fire caused by a defective product—those cases may qualify as wrongful death under Mississippi law.

The claim can be brought by certain surviving family members or the personal representative of the deceased’s estate. Any compensation recovered is typically distributed among eligible heirs or beneficiaries.


Common Causes of Wrongful Death Lawsuits in Mississippi

At Barrett Law, we’ve seen wrongful death claims arise from a wide variety of tragic situations, including:

  • Fatal Auto Accidents – Car, truck, and motorcycle crashes caused by distracted drivers, DUI, reckless driving, or poor road conditions.

  • Workplace Fatalities – Fatal injuries in construction, industrial sites, and agriculture caused by employer negligence or safety violations.

  • Nursing Home Neglect – Deaths caused by bedsores, falls, malnutrition, or lack of medical care.

  • Defective Products – Fires, explosions, or fatal injuries caused by dangerous or poorly manufactured products.

  • Medical Malpractice – Surgical errors, missed diagnoses, or improper treatment that result in death.

In each of these cases, proving negligence and establishing liability is critical to recovering damages. That’s where an experienced Mississippi wrongful death lawyer comes in.


Who Can File a Wrongful Death Lawsuit in Mississippi?

Under Mississippi law, the following parties may be eligible to file a wrongful death claim:

  • The surviving spouse

  • Children or grandchildren

  • Parents of the deceased

  • Siblings

  • The personal representative (executor or administrator) of the deceased’s estate

Even though multiple parties may be eligible, only one wrongful death lawsuit can be filed. Compensation will be distributed among eligible heirs based on Mississippi’s intestate succession laws, unless there is a valid will stating otherwise.


What Damages Can Be Recovered in a Mississippi Wrongful Death Claim?

A successful wrongful death claim may lead to compensation for a wide range of losses. These damages are typically divided into two categories:

Economic Damages

  • Funeral and burial expenses

  • Medical bills prior to death

  • Loss of the deceased’s income and future earnings

  • Loss of household services provided by the deceased

Non-Economic Damages

  • Pain and suffering endured by the deceased before death

  • Emotional distress of surviving family members

  • Loss of companionship, love, guidance, and support

In certain cases, punitive damages may also be awarded if the defendant’s actions were willful, malicious, or grossly negligent—such as a DUI crash involving a repeat offender.


Legal Deadlines: Mississippi’s Wrongful Death Statute of Limitations

It’s critical to understand that there is a limited amount of time to file a wrongful death lawsuit in Mississippi.

  • For negligence-based wrongful death cases (e.g., car crashes, nursing home neglect), you typically have three years from the date of death to file a lawsuit.

  • For intentional acts (e.g., assault or murder), the deadline is generally one year from the date of death.

Missing the deadline can result in your case being permanently barred, no matter how strong the evidence may be. That’s why it’s essential to speak with an attorney as soon as possible after a fatal accident.


How Barrett Law, PLLC Helps Mississippi Families After a Fatal Accident

Barrett Law has decades of experience pursuing wrongful death claims across Mississippi. We handle everything from initial investigation and gathering evidence, to negotiating with insurance companies and preparing for trial if necessary.

Here’s what we do to support families through these devastating times:

  • Investigate quickly and thoroughly to preserve evidence and identify all responsible parties.

  • Work with forensic experts including accident reconstructionists, economists, and medical professionals.

  • Handle all legal filings and court deadlines to keep your claim moving forward.

  • Negotiate for maximum compensation and take the case to trial if necessary to get justice.

Our firm represents clients in every corner of the state, including Jackson, Gulfport, Southaven, Biloxi, Hattiesburg, Tupelo, and beyond.


Who Is Most Affected by Wrongful Death in Mississippi?

Families suffer the most after the sudden and preventable death of a loved one. Children lose parents. Spouses lose lifelong partners. Elderly parents lose their only caretakers. The emotional devastation is profound—and so are the financial consequences.

These are the families we represent. They are often unsure of their rights, unfamiliar with legal options, and overwhelmed by grief and paperwork. Barrett Law steps in during this vulnerable time to provide compassionate legal guidance and fierce courtroom advocacy.

We never forget that behind every case file is a real family trying to find answers and healing.


What Mississippi and Federal Laws Apply?

The key state statute is Mississippi Code § 11-7-13, which outlines who can file a wrongful death claim, what damages may be recovered, and how the lawsuit must be handled.

In cases involving:

  • Workplace deaths – OSHA regulations and workers’ compensation laws may apply.

  • Defective products – Federal product liability and recall standards.

  • Medical malpractice – Mississippi Code § 15-1-36 applies and has a two-year statute of limitations in most cases.

Understanding how these laws intersect is critical to building a strong case. Barrett Law brings decades of experience analyzing statutes, case law, and precedent to ensure nothing is overlooked.


What to Do If You Believe You Have a Wrongful Death Claim in Mississippi

If you’re wondering whether you have a valid wrongful death lawsuit, here are some steps you can take right away:

  • Request the death certificate

  • Gather documentation (accident reports, medical records, photos)

  • Write down what happened while your memory is fresh

  • Contact Barrett Law for a free legal review of your situation

Do not speak with insurance adjusters without legal representation. Anything you say may be used against your claim. Our firm can handle all communication while you focus on grieving and rebuilding.


Frequently Asked Questions About Mississippi Wrongful Death Lawsuits

How is wrongful death different from criminal prosecution?
Wrongful death lawsuits are civil actions seeking compensation. They are separate from criminal charges, which are brought by the state and may result in jail time or fines.

Can more than one family member file a lawsuit?
Only one wrongful death lawsuit may be filed, but multiple family members may be beneficiaries. Mississippi courts generally expect heirs to cooperate or work through the estate representative.

Do I need to prove the death was caused intentionally?
No. Most wrongful death claims are based on negligence, not intent. You must show the defendant breached a duty of care and that the breach caused death.

What happens if the deceased had no will?
Mississippi’s laws of intestate succession determine how damages are distributed. Spouses, children, and parents are prioritized in that order.

Can I sue a business for wrongful death?
Yes, if the business’s negligence caused the death—such as a trucking company employing an unqualified driver, or a nursing home failing to monitor residents.

Are wrongful death settlements taxable?
Generally, compensatory damages for physical injuries or death are not taxable. Punitive damages may be taxed. Consult a tax professional for details.

What is the average settlement for a wrongful death case in Mississippi?
Settlements vary based on case facts. Compensation can range from thousands to millions depending on liability, insurance limits, lost income, and jury verdicts.

Do I need to go to court?
Many cases settle before trial. However, having a trial-ready attorney can increase your leverage and help ensure a fair outcome.

How much does Barrett Law charge for a wrongful death case?
We work on a contingency fee basis. You pay nothing upfront, and we only get paid if we win your case.

How long does a wrongful death case take in Mississippi?
It depends on the complexity. Some settle in months, others may take 1–2 years. Prompt investigation can speed things up and improve your odds.


Have You or 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

You do not have to face this alone. Whether your loved one was killed in a crash, at work, in a nursing home, or in a preventable tragedy, we are here to help. Jonathan Barrett represents families in wrongful death lawsuits 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 any time—day or night—for your free, confidential consultation.

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:

  • Car, truck, or motorcycle accidents

  • Medical malpractice

  • Workplace injuries

  • Nursing home abuse or neglect

  • Defective products

  • Criminal acts

  • 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:

  • The personal representative (executor or administrator) of the deceased’s estate

  • The surviving spouse

  • The surviving parents

  • The children of the deceased

  • 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:

  • Funeral and burial expenses

  • Medical bills related to the final illness or injury

  • Loss of income the deceased would have earned

  • Loss of benefits (health insurance, retirement, pensions)

2. Non-Economic Losses

These are less tangible but just as real:

  • Pain and suffering (both for the deceased and surviving family)

  • Loss of companionship, guidance, and support

  • 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:

  • Distracted or drunk driving

  • Reckless or high-speed driving

  • Commercial truck collisions

  • Motorcycle crashes

Medical Malpractice

If a doctor, hospital, or nursing home fails to meet the standard of care, it can lead to:

  • Surgical errors

  • Misdiagnosis or delayed diagnosis

  • Medication errors

  • Birth injuries

Workplace Accidents

Mississippi’s agriculture, construction, and manufacturing sectors are especially dangerous. Fatalities may occur due to:

  • Unsafe equipment

  • Falls from heights

  • Electrocutions

  • Lack of safety procedures

Nursing Home Abuse or Neglect

In understaffed or poorly managed facilities, vulnerable residents may die due to:

  • Bedsores and infections

  • Falls and head injuries

  • Malnutrition or dehydration

  • Medication overdose

Premises Liability

Property owners who fail to maintain safe conditions can be held liable if someone dies due to:

  • Structural collapse

  • Fires or carbon monoxide poisoning

  • Inadequate security

  • 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:

  • Secure medical records and death certificate

  • Gather accident reports or workplace incident documentation

  • Preserve evidence (photos, witness contact info, receipts)

  • Avoid speaking to insurance adjusters without legal counsel

  • 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.

Understanding the Financial Impact of Tragedy

When a life is cut short due to someone else’s negligence or wrongdoing, the emotional toll is overwhelming. But for many Mississippi families, the financial burden left behind is just as devastating. Funeral expenses, lost household income, medical bills, and future support can disappear overnight. At Barrett Law, PLLC, I’ve helped families across Mississippi fight for the compensation they need to move forward after losing a loved one. My name is Jonathan Barrett, and as a Mississippi wrongful death lawsuit attorney, I understand how painful and complex these cases can be.

Wrongful death claims are not just legal actions—they are vital tools for holding negligent parties accountable while securing financial support for those left behind. Understanding how damages are calculated in these cases is critical for families exploring their legal options. In this blog, I’ll explain the types of damages that may be available, how Mississippi law structures these claims, and what steps you should take if you’re considering filing a wrongful death claim.


What Is a Mississippi Wrongful Death Claim?

A wrongful death claim in Mississippi allows certain surviving family members or a personal representative of the deceased to recover damages when a death is caused by another party’s negligence, recklessness, or intentional conduct.

This could arise from:

  • Fatal car and truck accidents

  • Medical malpractice

  • Defective products

  • Nursing home neglect

  • Dangerous premises or workplace incidents

Under Mississippi Code § 11-7-13, wrongful death lawsuits can be filed when the wrongful act, omission, or negligence of another causes death, and the same act would have entitled the decedent to file a personal injury lawsuit had they survived.


Who Can File a Wrongful Death Lawsuit in Mississippi?

Mississippi law permits the following parties to bring a wrongful death lawsuit:

  • The personal representative of the deceased’s estate

  • The surviving spouse

  • Surviving children or parents

  • Surviving siblings

  • A legal heir

All qualifying beneficiaries share in the recovery proportionately. The statute of limitations for filing most wrongful death claims in Mississippi is three years from the date of death (or one year for intentional acts like assault or homicide).


What Damages Can Be Recovered in a Mississippi Wrongful Death Lawsuit?

There are two main categories of damages:

1. Economic Damages

These are financial losses directly resulting from the death. They can include:

  • Lost income and benefits: Projected earnings the deceased would have contributed to the family

  • Funeral and burial costs

  • Medical expenses incurred before death

  • Loss of financial support and household services

These losses are typically calculated using employment records, expert economic testimony, actuarial tables, and personal family needs.

2. Non-Economic Damages

These reflect the emotional and human impact of the loss:

  • Pain and suffering of the decedent before death

  • Loss of companionship, society, and consortium

  • Emotional distress of survivors

  • Loss of guidance and nurturing (for children)

Unlike economic damages, these are not tied to receipts or bills, but to human suffering and life changes. Mississippi does not cap damages in wrongful death cases unless the cause of death involves medical malpractice, in which case non-economic damages may be limited under § 11-1-60.


Common Accidents That Lead to Wrongful Death in Mississippi

At Barrett Law, PLLC, I’ve handled fatal accident cases across a wide range of circumstances, including:

  • 18-wheeler and commercial truck crashes on I-55, US 49, and Highway 98

  • Fatal DUI crashes in Jackson, Southaven, and Gulfport

  • Negligent nursing home deaths in Oxford and Meridian

  • Construction site fatalities in Hattiesburg and the Mississippi Delta

  • Drownings and unsafe property deaths across North and Central Mississippi

Each of these case types presents different challenges in proving fault and calculating damages—but all deserve strong legal representation.


Who Is Affected and How Barrett Law, PLLC Can Help

The loss of a loved one doesn’t only impact the immediate family—it affects everyone who relied on the person emotionally, financially, or even spiritually. Children lose a parent’s support, spouses lose lifelong companionship, and families may lose their main source of stability.

At Barrett Law, I help survivors:

  • Understand their legal rights

  • Gather evidence of liability and damages

  • Work with experts to calculate full financial losses

  • File timely and effective legal claims

  • Maximize compensation through negotiation or litigation

I take on insurance companies and large corporations who attempt to minimize payouts or shift blame, and I ensure my clients’ stories are fully heard in court if necessary.


Legal Obligations Under Mississippi Law

Under Mississippi Code § 11-7-13, the purpose of wrongful death statutes is to provide both compensation and accountability. That law governs the damages recoverable in Mississippi wrongful death cases and specifically allows for:

  • Medical and funeral expenses

  • Loss of society and companionship

  • Property damage caused in the incident

  • Pain and suffering

  • Punitive damages (when conduct is grossly negligent or intentional)

Federal laws may also apply in cases involving:

  • Trucking companies (Federal Motor Carrier Safety Regulations)

  • Defective products (Product liability law under U.S. Code Title 28)

  • Medical facilities receiving federal funding (CMS regulations and EMTALA)


Actionable Advice for Mississippi Families

If you suspect that your loved one died due to negligence or misconduct, you should:

  • Request the full autopsy report and death certificate

  • Preserve any available evidence or documents

  • Identify all surviving family members and heirs

  • Avoid signing early insurance settlement agreements

  • Contact a wrongful death attorney immediately

The earlier you begin the legal process, the easier it is to protect critical evidence and establish a strong case for full compensation.


Frequently Asked Questions About Mississippi Wrongful Death Claims

Can I file a wrongful death claim if my spouse died in a car accident caused by another driver?
Yes. Spouses are eligible beneficiaries under Mississippi law and may recover damages for financial support, companionship, and emotional loss if negligence caused the fatal accident.

What happens if the deceased didn’t have a will?
If there is no will, Mississippi intestacy laws apply to determine the legal heirs. This does not prevent a wrongful death lawsuit, but it does affect how damages are distributed.

Are punitive damages allowed in wrongful death cases?
Yes. Mississippi allows punitive damages in cases where the defendant’s conduct was willful, wanton, or grossly negligent. These damages are intended to punish wrongdoing and deter similar conduct.

Can siblings of the deceased file a claim?
Yes, siblings are listed as potential claimants under the wrongful death statute if there is no surviving spouse, parent, or child—or as part of a shared action by all heirs.

Is there a deadline to file a wrongful death lawsuit?
Generally, wrongful death lawsuits must be filed within three years from the date of death, or one year if the death resulted from an intentional act (like an assault or murder).

What if the at-fault party was never charged criminally?
A civil wrongful death case is separate from any criminal proceedings. You can still bring a lawsuit even if there was no arrest or criminal conviction.

How are damages split between surviving family members?
All eligible beneficiaries share the damages awarded, typically divided according to their degree of relationship and dependence. The court may oversee the distribution if disputes arise.

Do I need to prove pain and suffering if my loved one died instantly?
No, but if there’s evidence the decedent experienced pain before passing, that could increase the available damages. Otherwise, the focus would be on loss of support and companionship.

Are there limits on how much compensation we can receive?
Mississippi law generally does not cap wrongful death damages, except in medical malpractice cases. There, non-economic damages are capped at $500,000 under § 11-1-60.

How long does a wrongful death lawsuit usually take?
Most claims take 12 to 24 months, depending on complexity, the number of parties involved, and whether the case settles out of court or proceeds to trial.


Have You or 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

Barrett Law, PLLC is proud to represent grieving families and victims’ estates across the State of Mississippi—including the Mississippi Gulf Coast, Central, Southern, and Northern Mississippi cities such as Jackson, Gulfport, Southaven, Hattiesburg, Biloxi, Olive Branch, Tupelo, Meridian, Pearl, Madison, Greenville, Oxford, Clinton, Horn Lake, and Brandon. Call us now to protect your family’s future.

Mississippi Families Deserve Answers After Tragedy in Nursing Homes

When a loved one enters a nursing home in Mississippi, families expect that their safety, dignity, and basic health needs will be protected. Tragically, far too often, families are blindsided by an unexpected phone call—one that reports a serious injury or, worse, a death that occurred under suspicious or negligent circumstances.

At Barrett Law, PLLC, we understand how heartbreaking and infuriating this can be. I’m Jonathan Barrett, and I’ve spent decades fighting for families across Mississippi who have lost loved ones due to neglect, abuse, or medical failure in nursing homes. Whether the loss came from a preventable fall, untreated infection, bedsores, medication error, or even outright abuse, the law gives you the right to seek answers and accountability.

Wrongful death claims involving nursing homes are among the most emotionally charged and legally complex cases we handle. But our goal is simple: to ensure that no family is left without justice—and that no negligent facility gets away with avoidable harm.

Common Causes of Wrongful Death in Mississippi Nursing Homes

Nursing home residents are particularly vulnerable due to age, frailty, and underlying health conditions. When these facilities fail to meet required standards of care, the consequences can be fatal.

Here are some of the most common causes of wrongful death in nursing homes:

Preventable Falls

Falls are among the leading causes of fatal injuries in nursing home residents. Many of these falls are avoidable through basic interventions like proper bed rails, mobility assistance, non-slip flooring, or regular monitoring. Facilities that fail to implement fall-prevention protocols may be held liable when these accidents result in fatal head trauma, internal bleeding, or fractures.

Untreated Infections

Pressure ulcers (bedsores), urinary tract infections, and pneumonia are common infections that, when left untreated, can become deadly. Failing to recognize symptoms or provide timely medical treatment may give rise to a wrongful death claim.

Dehydration and Malnutrition

When residents are not adequately monitored or provided nutrition and hydration, they may deteriorate rapidly. Severe dehydration or starvation can lead to organ failure and death—especially among individuals with preexisting conditions.

Medication Errors

Incorrect dosages, missed medications, or administration of the wrong drug altogether can lead to catastrophic outcomes, especially for elderly residents on multiple prescriptions. These are often traced back to poor staff training, documentation errors, or lack of physician oversight.

Physical or Emotional Abuse

In some horrific cases, residents suffer violence at the hands of staff or other residents. Fatal injuries from beatings, restraint misuse, or psychological abuse leading to suicide or medical decline can form the basis for civil claims and criminal investigations.

Medical Neglect

Failing to respond to changes in a patient’s health condition—such as ignoring stroke symptoms or signs of a heart attack—can mean the difference between life and death. Delayed or denied medical care is a breach of duty under Mississippi law.

Who Is Impacted By These Tragic Deaths?

The victims are not just elderly nursing home residents. The impact spreads to families, caregivers, and entire communities. Children lose parents, spouses lose life partners, and siblings lose loved ones—all to negligence that should never have happened.

At Barrett Law, we frequently represent:

  • Adult children seeking justice for a deceased parent

  • Legal guardians or healthcare proxies responsible for the resident’s care

  • Spouses or domestic partners left behind

  • Personal representatives or executors of the estate

These families not only suffer immense grief—they’re often left grappling with confusion, guilt, and unanswered questions. We help them understand their rights, secure the records they need, and hold the facility accountable.

Mississippi’s Wrongful Death Statute

Under Mississippi Code § 11-7-13, when a death is caused by “any real, wrongful or negligent act or omission,” the responsible party (in this case, the nursing home or its staff) can be sued for damages.

Here’s what you need to know:

  • A wrongful death claim can be filed by the decedent’s surviving spouse, children, parents, or the personal representative of the estate.

  • Damages may include medical expenses, funeral costs, loss of companionship, pain and suffering, and punitive damages in cases of gross misconduct.

  • The statute of limitations is generally three years from the date of death, but early investigation is crucial to preserving evidence.

  • Nursing homes must follow state and federal regulations under the Nursing Home Reform Act of 1987 and Mississippi State Department of Health guidelines for resident care, supervision, and documentation.

Violations of these standards—especially in cases of under-staffing, inadequate training, or regulatory noncompliance—can form the foundation of a strong wrongful death claim.

How Barrett Law, PLLC Can Help Your Family

If you suspect your loved one’s death in a Mississippi nursing home wasn’t natural or unavoidable, you are not alone—and you are not powerless.

We offer:

  • Thorough investigation: We review records, staff logs, inspection reports, and medical evidence to uncover signs of neglect or abuse.

  • Wrongful death litigation: We handle every step of the legal process, from filing the claim to negotiating a settlement or taking the case to trial.

  • Personal attention: We work closely with families, walking them through this difficult time with compassion and clarity.

  • Proven results: We’ve recovered significant compensation for families across Mississippi in complex wrongful death and nursing home cases.

Whether the harm occurred in Jackson, Gulfport, Hattiesburg, or a rural community, we bring the full force of our experience to every case.

What Families Can Do Now

If your loved one passed away unexpectedly or under suspicious circumstances in a Mississippi nursing home, here are the immediate steps to take:

  • Request medical records and incident reports from the facility

  • Take photos of any visible injuries or unsafe conditions

  • Document what you’re told by staff or administrators

  • Do not accept a quick settlement or waiver without speaking to a lawyer

  • Contact Barrett Law for a free consultation before valuable evidence disappears

Grieving families deserve to know the truth. We help uncover it—and we fight to make sure no other family suffers the same loss in silence.


Mississippi Fatal Accident Claim Frequently Asked Questions (FAQ)

What qualifies as wrongful death in a nursing home under Mississippi law?
Wrongful death occurs when someone dies due to negligence, abuse, or medical error. In a nursing home, this could involve falls, untreated infections, dehydration, or even intentional abuse. Mississippi law allows surviving family members to bring a civil lawsuit when the death was preventable.

Can I file a wrongful death lawsuit if my parent died in a nursing home from a fall?
Yes, if the fall was caused by negligence—such as lack of supervision, unsafe equipment, or failure to assist a resident—you may have grounds for a wrongful death claim. Falls are often signs of deeper care deficiencies in the facility.

Who can file a wrongful death claim in Mississippi?
Spouses, children, parents, or the estate’s personal representative can file. These individuals may recover damages such as funeral costs, pain and suffering, and loss of companionship. The claim can also benefit other surviving family members depending on the case.

What if the nursing home blames my loved one’s age or condition?
Age or health issues do not excuse negligence. Nursing homes have a duty to accommodate residents’ vulnerabilities. Even frail or terminal residents are entitled to appropriate care, and preventable harm should never be dismissed as “expected.”

How long do I have to file a wrongful death claim in Mississippi?
The statute of limitations is typically three years from the date of death, but it’s important to act quickly. Evidence can disappear, and delay may weaken your case. Some exceptions apply depending on when the harm was discovered.

Can we sue for punitive damages in a nursing home death?
Yes, if the conduct was especially egregious or reckless—such as intentional abuse, falsification of records, or gross under-staffing—Mississippi law allows for punitive damages to punish the facility and deter future harm.

What if the nursing home already investigated and cleared itself?
Internal investigations are not independent. Facilities often have a financial interest in minimizing liability. A qualified wrongful death attorney can uncover facts that the facility may overlook—or intentionally withhold.

Is neglect considered abuse under Mississippi law?
Yes. Neglect is a form of abuse, and it’s one of the most common causes of wrongful death in nursing homes. Failing to provide basic care, supervision, hygiene, or nutrition can be fatal and legally actionable.

Can I sue a nursing home if my loved one died from COVID-19?
Possibly. While pandemic-related claims are more complex, if the nursing home failed to follow infection protocols, delayed medical care, or misrepresented the situation to families, there may be grounds for a wrongful death claim.

How much is a Mississippi nursing home wrongful death case worth?
Each case is different. Factors include the cause of death, available evidence, the victim’s age and health, the level of misconduct, and how the loss affected surviving family members. We help clients pursue full compensation based on the unique facts of their case.


Have You or 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

You deserve answers—and you deserve justice. At Barrett Law, PLLC, we represent victims’ families across Mississippi with compassion and determination. Whether your loved one’s death occurred in a facility in Jackson, on the Gulf Coast, or in northern Mississippi, we are here to help you every step of the way.

We handle wrongful death claims throughout Mississippi, including Jackson, Gulfport, Southaven, Hattiesburg, Biloxi, Olive Branch, Tupelo, Meridian, Pearl, Madison, Greenville, Oxford, Clinton, Horn Lake, and Brandon.

When a loved one is tragically lost due to violence at an apartment complex, hotel, shopping center, or workplace, families often ask: Could this have been prevented? In many cases, the answer is yes. Under Mississippi law, property owners have a legal duty to provide reasonable security measures to protect residents, guests, and customers. When they fail to do so—and that failure leads to a fatal assault, shooting, or other violent act—they can be held liable through a wrongful death lawsuit.

At Barrett Law, PLLC, attorney Jonathan Barrett has spent decades helping Mississippi families pursue justice after preventable tragedies. We represent clients across the state, from Jackson and Gulfport to Hattiesburg, Oxford, and beyond. If your loved one died due to negligent security, we are here to help you understand your rights and take action.


Understanding Wrongful Death and Negligent Security in Mississippi

A wrongful death occurs when someone dies due to another party’s negligence, recklessness, or intentional act. In the context of negligent security, this means a property owner failed to take reasonable steps to prevent foreseeable criminal acts—such as assaults, robberies, or shootings—that resulted in death.

Examples of Negligent Security Leading to Wrongful Death:

  • An apartment complex with a history of break-ins fails to install adequate lighting or security cameras, leading to a fatal assault.

  • A hotel ignores previous incidents of violence and does not hire security personnel, resulting in a guest’s death during a robbery.

  • A shopping mall neglects to repair broken locks on entry doors, allowing unauthorized individuals to enter and commit a deadly attack.

In each of these scenarios, the property owner’s failure to provide reasonable security measures may constitute negligence, making them liable for resulting deaths.


Who Is Affected and How Barrett Law Can Assist

Victims of wrongful death due to negligent security often include:

  • Residents: Individuals living in apartments or housing complexes where security measures are inadequate.

  • Guests: Visitors to hotels, motels, or private residences lacking proper security protocols.

  • Customers: Patrons of businesses such as malls, stores, or restaurants where safety measures are insufficient.

  • Employees: Workers in environments where employers fail to provide a secure workplace.

Barrett Law, PLLC, assists families by:

  • Conducting thorough investigations into the circumstances surrounding the death.

  • Identifying lapses in security measures and establishing property owner negligence.

  • Filing wrongful death claims to seek compensation for funeral expenses, loss of income, and emotional distress.

  • Advocating for policy changes to prevent future incidents.


Legal Obligations and Statutes in Mississippi

Under Mississippi Code § 11-7-13, a wrongful death claim can be filed when a death is caused by “any real, wrongful or negligent act or omission.” This includes situations where inadequate security measures contribute to a fatal incident.

Property owners have a duty of care to maintain safe premises. Failure to implement reasonable security measures—such as proper lighting, functioning locks, and surveillance systems—can be considered a breach of this duty.

It’s important to note that Mississippi’s Landowners Protection Act (Miss. Code § 11-1-66.1) provides certain immunities to property owners. However, these protections do not apply when the owner’s negligence contributes to the injury or death.


Practical Steps for Families Considering Legal Action

  1. Document Everything: Gather all relevant information, including incident reports, medical records, and communication with property management.

  2. Consult an Attorney: Seek legal advice promptly to understand your rights and the viability of your claim.

  3. Avoid Direct Negotiations: Refrain from discussing settlements with insurance companies or property owners without legal representation.

  4. Act Promptly: Be mindful of the statute of limitations. In Mississippi, wrongful death claims must generally be filed within three years of the date of death.


Mississippi Wrongful Death Frequently Asked Questions

Who can file a wrongful death lawsuit in Mississippi?
Under Mississippi law, the following individuals may file a wrongful death claim:

  • The surviving spouse.

  • Children of the deceased.

  • Parents of the deceased.

  • Siblings of the deceased.

  • A personal representative of the deceased’s estate.

What compensation is available in a wrongful death claim?
Compensation may include:

  • Funeral and burial expenses.

  • Loss of income and benefits.

  • Loss of companionship and consortium.

  • Emotional pain and suffering.

  • Punitive damages in cases of gross negligence.

How is negligence established in these cases?
Negligence is established by demonstrating that the property owner failed to implement reasonable security measures, and this failure directly contributed to the death.

Does the presence of a security company absolve the property owner of liability?
No. Property owners are responsible for ensuring that any hired security services are competent and effective. Failure to oversee or properly vet security personnel can still result in owner liability.

What is the statute of limitations for wrongful death claims in Mississippi?
Generally, wrongful death claims must be filed within three years of the date of death. However, if the death resulted from an intentional act, the timeframe may be shorter.

Can multiple family members receive compensation?
Yes. Mississippi law allows multiple eligible survivors to share in the compensation awarded through a wrongful death action.

Is it necessary to prove that the property owner intended harm?
No. Wrongful death and negligent security claims are based on negligence, not intent. The focus is on what the property owner failed to do to prevent foreseeable harm.

What if the deceased was partially at fault?
Mississippi follows a comparative negligence rule, meaning compensation may be reduced by the percentage of fault attributed to the deceased but is not necessarily barred.

Will my case go to trial?
Many wrongful death claims are settled out of court. However, if a fair settlement cannot be reached, the case may proceed to trial.

How much does it cost to hire an attorney for a wrongful death case?
Barrett Law, PLLC, works on a contingency fee basis—you pay nothing unless we recover compensation for your family.


Jonathan Barrett Fights for Mississippians – Call 24/7/365 at (601) 790-1505 to Receive Your FREE Consultation

If your loved one died due to negligent security at an apartment complex, hotel, shopping center, or workplace in Mississippi, you have the right to seek justice. Attorney Jonathan Barrett and the team at Barrett Law, PLLC, are committed to holding property owners accountable and securing the compensation families deserve.

We represent clients throughout Mississippi, including Jackson, Gulfport, Southaven, Hattiesburg, Biloxi, Olive Branch, Tupelo, Meridian, Pearl, Madison, Greenville, Oxford, Clinton, Horn Lake, and Brandon.

Call us anytime at (601) 790-1505 for a free, confidential consultation.

The death of a loved one is always tragic—but when that death happens as a result of a violent crime at an apartment complex, the pain is compounded by the fact that it may have been preventable. Far too often, apartment complexes in Mississippi fail to provide even the most basic safety measures. When they ignore dangerous conditions or known threats, they may be held responsible in a wrongful death lawsuit.

At Barrett Law, PLLC, Attorney Jonathan Barrett has spent decades helping families across Mississippi recover financial compensation and accountability when a landlord’s failure to provide adequate security leads to the loss of life. If your loved one was killed due to violence at an apartment complex—such as a shooting, stabbing, assault, or robbery—you may have grounds for a civil lawsuit.

This blog explains what wrongful death lawsuits involve, when a landlord or apartment manager may be held liable, and how Barrett Law can help your family pursue justice.


Wrongful Death at Apartment Complexes: A Growing Concern in Mississippi

Apartment complexes are legally required to provide safe environments for their residents, guests, and visitors. Yet every year in Mississippi, families are devastated by fatal crimes that occur in poorly maintained or badly secured properties.

Examples of wrongful death cases at apartment complexes may include:

  • A tenant shot in the parking lot due to broken security gates and poor lighting

  • A guest murdered during a robbery because management failed to respond to recent threats

  • A resident stabbed by another tenant with a known history of violence

  • A child killed due to lack of surveillance or supervision in a common area

  • A fatal assault that could have been prevented with reasonable security personnel

These tragedies are not just isolated crimes. In many cases, they are the predictable result of negligence, and under Mississippi law, the apartment owner may be held legally responsible for allowing foreseeable dangers to persist.


Who Can File a Wrongful Death Lawsuit in Mississippi?

Under Mississippi Code § 11-7-13, the following individuals can bring a wrongful death lawsuit:

  • The surviving spouse

  • Children of the deceased

  • Parents of the deceased

  • Siblings of the deceased

  • A personal representative of the deceased’s estate

Only one lawsuit may be filed, but the damages recovered can be distributed among multiple eligible family members. The purpose of the claim is to compensate the survivors for the economic and emotional losses resulting from the untimely death of their loved one.


What Must Be Proven in a Wrongful Death Case at an Apartment Complex?

To hold an apartment complex liable for a wrongful death, your legal team must prove:

  1. A duty of care existed – The landlord or property owner owed a duty to provide safe premises to residents and lawful visitors.

  2. They breached that duty – Through inadequate security, failure to address known dangers, or general negligence.

  3. The breach caused the fatal incident – The death would not have occurred had the landlord acted reasonably.

  4. The family suffered measurable damages – Including funeral expenses, loss of financial support, pain and suffering, and more.

Each element must be supported by evidence, including police reports, past crime records, security footage, maintenance logs, and witness testimony. Barrett Law, PLLC conducts thorough investigations to uncover what happened—and what could have been done to prevent it.


Common Grounds for Landlord Liability in Fatal Apartment Crimes

While every case is unique, apartment complexes are frequently found liable when they fail to:

  • Provide functional security gates or locks

  • Maintain working surveillance cameras

  • Hire trained and qualified security personnel

  • Address repeated reports of crime or violence

  • Screen tenants or employees with dangerous histories

  • Provide adequate lighting in parking lots, hallways, or stairwells

  • Respond to 911 calls, tenant complaints, or previous violent incidents

When a property has a documented history of violence or criminal activity and the owners fail to make improvements, any resulting death may be legally foreseeable—a key standard in Mississippi premises liability law.


Who Is Affected and Why Accountability Matters

Typical Victims of Apartment Complex Crimes

  • Long-term tenants living in high-risk areas

  • Children and elderly residents unable to protect themselves

  • Family members visiting a loved one

  • Delivery workers or contractors on the premises

  • Bystanders caught in crossfire or confrontations

Families left behind may face not only emotional devastation, but also financial ruin. In wrongful death cases, plaintiffs may seek damages for:

  • Funeral and burial expenses

  • Loss of the deceased’s future earnings

  • Pain and suffering endured by the deceased before death

  • Mental anguish, emotional trauma, and loss of companionship

  • Punitive damages when conduct was particularly egregious


Legal Obligations Under Mississippi Law

Mississippi law makes it clear that landlords and property managers must take reasonable steps to protect lawful occupants and guests from foreseeable criminal harm.

While landlords are not insurers of public safety, they are required to address known threats, maintain basic security features, and respond to patterns of criminal behavior. Failing to do so may expose them to liability.

Negligent Security and Wrongful Death

Wrongful death claims involving crime at an apartment complex typically fall under the broader legal theory of negligent security, which is a form of premises liability. The key question is whether the landlord could have reasonably foreseen the danger and failed to act.

Mississippi courts consider factors like:

  • The crime rate in the area

  • Past incidents at the same location

  • Whether complaints were made about dangerous conditions

  • Whether security measures were in place and functional

  • Whether proper maintenance was performed


Practical Tips for Families Seeking Justice

1. File a Police Report Immediately

Law enforcement documentation is crucial. Request a copy of the report and note the name of the investigating officer.

2. Gather All Documentation

Keep copies of death certificates, medical bills, funeral expenses, photographs, text messages, emails, and anything that may support the claim.

3. Speak with Witnesses

If anyone saw or heard the incident—or made prior complaints to management—their testimony may be essential.

4. Preserve Evidence

Photograph any broken gates, missing lights, non-functioning cameras, or other signs of security failure.

5. Consult a Mississippi Wrongful Death Attorney Immediately

Time is not on your side. Evidence can disappear, and deadlines may pass. Jonathan Barrett and Barrett Law, PLLC are prepared to take swift action on your behalf.


Frequently Asked Questions

How long do I have to file a wrongful death lawsuit in Mississippi?
The statute of limitations is three years from the date of death. However, it’s best to act quickly to preserve critical evidence and witness accounts.

What if the crime is still being investigated?
A civil case can be filed even if a criminal investigation is ongoing or unresolved. Civil liability does not require a criminal conviction.

Do I have a case if my loved one was not a tenant?
Yes. Guests, visitors, and delivery workers all have legal protection. The key is whether the person was lawfully on the property and whether the landlord failed in their duty of care.

Can the apartment complex be liable even if the attacker has not been identified?
Yes. Liability in a civil case focuses on the landlord’s conduct, not the identity of the criminal. If poor security or ignored warnings played a role, a claim may still proceed.

What kind of compensation is available?
You may be entitled to damages for funeral costs, loss of income, loss of companionship, emotional distress, and more. In egregious cases, punitive damages may also apply.

Can multiple family members receive compensation?
Yes. Mississippi law allows multiple eligible survivors to share in the compensation awarded through a wrongful death action.

Do I need to prove the landlord intended for harm to occur?
No. Wrongful death and negligent security claims are based on negligence, not intent. The focus is on what the landlord failed to do to prevent foreseeable harm.

What if the apartment complex hires a private security company?
The landlord may still be liable for negligent hiring, poor oversight, or failing to choose a competent security provider.

How much does it cost to hire a wrongful death attorney?
Barrett Law, PLLC works on a contingency fee basis—you pay nothing unless we recover compensation for your family.

Will my case settle out of court?
Many wrongful death claims do settle, but Barrett Law is always prepared to go to trial if needed to obtain full justice.


Harmed on an Apartment Complex in Mississippi? Call Mississippi Apartment Injury Claim Attorney Jonathan Barrett 24/7/365 at (601) 790-1505 for Your FREE Consultation

If your loved one was murdered or fatally injured at a Mississippi apartment complex, and you believe it could have been prevented with better security or management, don’t wait. At Barrett Law, PLLC, we represent families who have lost someone due to negligence, failed safety measures, and inaction by apartment owners and managers.

Attorney Jonathan Barrett serves families throughout Jackson, Gulfport, Southaven, Hattiesburg, Biloxi, Olive Branch, Tupelo, Meridian, Pearl, Madison, Greenville, Oxford, Clinton, Horn Lake, Brandon, and all across the State of Mississippi.

📞 Call (601) 790-1505 today for a free and confidential consultation. We are available 24/7/365 to stand with your family and fight for the justice you deserve.

Mississippi Truck Accident Attorneys Explain Wrongful Death Actions

Commercial trucks are massive in size, often weighing up to 80,000 pounds and stretching several car lengths.  When these trucks collide with smaller passenger vehicles, the results can be catastrophic.  Each year, about 5,000 individuals are killed in truck accidents and another 130,000 are injured.

For the family members of those 5,000 individuals killed in truck accidents, life comes to an abrupt standstill.  Suddenly they are left coping with the loss of their loved one who was taken too soon.  The family suffers emotionally, and often financially as well.  The loss of the income of a breadwinner can be devastating to the average family.

In the state of Mississippi, the family members of deceased truck accident victims can seek compensation from the truck driver or trucking company who caused their relative’s death.  Compensation is pursued through a wrongful death suit.  Wrongful death actions offer grieving family members an opportunity to not only receive financial compensation but to ensure justice is served for the death of their loved one.

Parties Eligible to Bring a Wrongful Death Suit

Under Mississippi law, the following individuals are allowed to file a wrongful death suit:

  • The surviving spouse
  • The child or children of the truck accident victim
  • The surviving parent of the victim
  • The personal representative of the victim’s estate
  • Siblings of the deceased victim

When a surviving spouse initiates the action, any compensation awarded will be split between the surviving spouse and the victim’s children. If the victim is not married, divorced, or widowed, and does not have children, the surviving parents and siblings of the victim can bring a wrongful death suit and split the damage award.

Damages Awarded in a Wrongful Death Action

The damages awarded are divided between those that will go to the estate and those paid directly to the beneficiaries.

Damages that will go to the estate include: funeral and burial expenses; medical expenses, including expenses for emergency care prior to the victim’s death; and payments for destroyed or damaged property, such as the vehicle involved in the truck accident.

Damages paid directly to the beneficiaries include: pain and suffering experienced by the beneficiaries due to the loss of their relative; loss of the companionship and company of the victim; and lost wages or benefits that the victim would have earned had he or she survived.

Time Limits for Wrongful Death Suits

For most truck accidents, the victim’s family will have three years from the date of their relative’s death to file the action.  If the victim was killed as a result of an intentional act, which would rarely be case in a truck accident scenario, the family will have one year from the date of the victim’s death to bring the action.

It is important that you act quickly after the accident to secure the assistance of an attorney who will protect your legal rights and see that justice is achieved.

Barrett Law PLLC:  Assisting Your Family in the Aftermath of a Fatal Truck Accident   

Truck accidents hold the potential to inflict devastating injuries and death.  The loss of your loved one in a truck accident is one of the greatest tragedies imaginable.  Family members left behind will often find themselves emotionally and financially distraught.  The Mississippi Truck Accident Attorneys at Barrett Law PLLC can assist your family following the loss of your relative in a fatal truck accident.  Our experienced attorneys will fight to see that your family is not left financially struggling due to the wrongful death of your loved one.  Call the exceptional truck accident attorneys at Barrett Law PLLC today at 1 (601) 790-1505 to schedule your free consultation.

Many construction jobs require the use of ladders or scaffolds to reach elevated surfaces when building new property or repairing damage to existing structures.  When proper safety measures are not followed, construction workers are placed at risk of serious falls and potentially disabling injuries.  In Mississippi, employees who are injured on the jobsite will generally be eligible for workers’ compensation benefits that can cover medical bills, missed time from work, and more.  Under some circumstances, injured workers may be able to seek recovery outside of or in addition to workers’ compensation, as in the case of a defective ladder or scaffold leading to the injuries.

Why Do Ladder and Scaffolding Accidents Occur?

Falls from scaffolds and ladders that happen on the jobsite are often the result of poor safety standards, maintenance, or a manufacturer defect.  Some examples of improper safety measures or defective designs include:

  • Lack of guardrails
  • Loose rungs
  • Broken parts
  • Ladders that are improperly positioned
  • Ladders or scaffolds that are improperly tied off

Falls from the often extreme heights involved in ladder and scaffold accidents can have devastating consequences. Construction workers injured in high height falls will commonly require months of rehabilitation and ongoing medical care. Permanent disabilities can result from serious ladder and scaffold falls.

Some of the injuries most often experienced by ladder and scaffold accident victims include:

  • Traumatic brain injury
  • Head injury
  • Spinal cord injury
  • Neck and back damage
  • Broken bones
  • Internal organ damage
  • Death

Employers have a duty to provide their employees with a safe working environment, proper training, and safe equipment.  The Occupational Safety & Health Administration offers the following tips on fall prevention to any employers whose jobs require the use of ladders and scaffolds:

  1. Plan:  Before the task is started, plan to complete the job in a safe manner.  Identify what safety equipment will be required for each and every task, and envision the fall hazards that present each step of the way.  By anticipating accidents and utilizing safety equipment to prevent them, you can minimize the risk of falls.
  2. Provide:  Employers must provide employees with the proper equipment.  All ladders and scaffolds should be inspected prior to use and maintained in excellent condition.  Employers must provide fall protection equipment, which will range depending upon the job at hand.  Ladders should always be selected based on the needs of the individual job.
  3. Train:  You are responsible for training your employees on the proper set up and safe operation of ladders, scaffolds, and other equipment.  Train workers to recognize any hazards and properly use safety equipment that can prevent falls.

            If you are injured in a workplace accident, you do have options to recover for your damages incurred.  Workers’ compensation offers a no-fault system that reimburses employees for medical expenses and missed time from work.  Further relief may be found through personal injury or product liability suits.

Barrett Law PLLC: Experienced Mississippi Workers’ Compensation Attorneys

For over 75 years, the Mississippi Workers’ Compensation Attorneys at Barrett Law PLLC have assisted injured workers across the state in a wide range of workers’ compensation matters.  Our award winning workers’ compensation attorneys will fight to see that you receive the compensation you deserve for your medical bills, lost wages, disabilities, and more, in the event you are injured in the workplace.  For assistance with your workers’ compensation matter or any other workplace accident issue, call the dedicated attorneys at Barrett Law PLLC today at 1 (601) 790-1505 to schedule your free consultation.

When an individual is killed in a truck or automobile accident due to the careless, reckless, or negligent actions of another, it is considered a wrongful death in Mississippi.  While the loss of a loved one is always difficult, knowing your loved one perished needlessly in a truck or car accident is particularly devastating.  The family members of the car or truck accident victim are often left entirely unprepared for the loss of their relative.  Far too often, the death brings with it significant financial implications along with much pain and suffering.

In the state of Mississippi, the family members of accident victims can receive compensation from the negligent car or truck driver that caused their relative’s death.  Compensation is pursued through a wrongful death action, and wrongful death suits offer a means of securing financial assistance for the victim’s family.

The following is a look at some questions commonly posed by family members who have lost their loved one in a car or truck accident:

  1. Can I bring a wrongful death suit?

In Mississippi, the following parties are able to bring a wrongful death claim:

  • The surviving spouse of the victim
  • The child or children of the victim
  • The surviving parent of the victim
  • The personal representative of the deceased person’s estate
  • Siblings of the deceased individual

When a surviving spouse of the car or truck accident victim brings a wrongful death suit to court, the damages will be split equally between the surviving spouse and the children.  If there is no surviving spouse or children, surviving parents or siblings of the victim may bring the claim and split any damages awarded.

  1. What damages can I receive in a wrongful death suit?

Damages stemming from a wrongful death claim in Mississippi will be paid either directly to the beneficiaries or to the estate, depending upon the category of loss.

Damages paid to the estate include:

  • Funeral and burial expenses
  • Medical expenses, including emergency care, incurred prior to death
  • Payments for any destroyed or damaged property

Damages paid to the beneficiaries include:

  • Pain and suffering incurred as a result of the loss of the relative
  • Loss of companionship and society of the victim
  • Lost wages and benefits that the deceased would have earned if he or she had lied
  1. When do I need to file a wrongful death action?

In most wrongful death actions, the victim’s family will have three years from the date of the death to file the suit.  If the victim was killed as a result of an intentional act, the time line is one year from the date of death.

Barrett Law PLLC: Assisting Your Family in a Wrongful Death Suit Following the Tragic Loss of a Loved One  

Facing the loss of a loved one due to a negligent driver is devastating and often leaves family members in a state of shock and dismay.  The Mississippi Wrongful Death Attorneys at Barrett Law PLLC understand the tremendous pain experienced by loved ones following a fatal car or truck accident.  When you contact our office, we will assist you through the intricate and complex process of pursuing wrongful death benefits.  Our aggressive, dedicated, and highly skilled attorneys will fight for your family’s recovery, as we have done for others like you for over 75 years.  While we cannot heal the pain of your loss, we can provide you with justice and ease the financial burden.  Call Barrett Law PLLC today at 1 (601) 790-1505 to schedule your free consultation with one of our experienced wrongful death attorneys.

Accidents and incidents on the road are a fairly common portion of life. If we look at the road as a playing field, and then look at drivers as the “players” one can easily correlate and imagine the amount of mistakes not only the majority of accidents that can occur, but how many one individual can simply make on their own. Unfortunately, when it comes down to accidents and mistakes on the road there is not a “winner” or a “loser”, but only individuals who deal with damage to their automobile, and severe, debilitating injuries.

Law Enforcement Officers: Protecting, and Serving

When we envision law enforcement officers on the road we do not usually associate them with being injured or hurt when it comes down to car accidents. In our minds, they are usually the ones who correct negative driving by issuing tickets, or are the ones to respond to accidents. However, law enforcement officers, like everyone else out on the road, are just human and can easily not only be involved in an automobile accident, but left with serious injuries in the process.

In Mississippi, there are a few well-known highways and interstate roads that are commonly traveled by not only many Mississippians everyday, but also those from neighboring states traveling everyday. Highway 43 is one highway that motorists can be seen traveling at all parts of the day whether they are commuting to work, traveling, or transporting supplies. Recently, however, an accident occurred which resulted in the injury of a law enforcement officer. The officer was making routine patrolling rounds of the area as usual when he was struck by a SUV in the rear end of his cruiser. As a result, the cruiser flipped over, and ejected the officer out of the vehicle.

The accident, and serious injuries that were sustained by the officer led to his untimely death even after being treated for some of his injuries. Today, his wife and two children are now left without a husband, and a father. While this family is dealing with a tragedy on their hands it is extremely advised that they, and others that deal with this type of situation seek out an experienced, and compassionate auto accident attorney. By doing so they can fight for their case, and the potential damages and personal injury liability awards they could be entitled to for their loved one’s death.

At Barrett Law, our experienced Mississippi personal injury lawyers represent injury victims throughout Mississippi.  Our law firm has roots that reach back 75 years so contact us today for your free initial consultation at (662) 834-2376 to see how we can help.