Losing a loved one in a car accident is a devastating experience, made even more difficult when the death was caused by someone else’s negligence or reckless actions. Families left behind not only suffer emotionally but often face financial burdens, including medical bills, funeral costs, and lost income. In Mississippi, wrongful death laws allow surviving family members to seek justice and compensation for their loss.
At Barrett Law, PLLC, we understand the pain and challenges families face after a tragic loss. Jonathan Barrett, a Mississippi Car Accident Lawyer, has decades of experience helping families file wrongful death claims and recover the maximum compensation available under Mississippi law. If you have lost a loved one due to another driver’s negligence, reckless behavior, or intentional misconduct, we are here to help you pursue justice and financial recovery.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit that allows certain family members to seek compensation when their loved one dies due to another party’s wrongful actions. In Mississippi, a wrongful death lawsuit can be filed for fatal car accidents, truck accidents, motorcycle crashes, medical malpractice, and other incidents caused by negligence.
Who Can File a Wrongful Death Claim in Mississippi?
Under Mississippi Code § 11-7-13, the following parties are eligible to file a wrongful death lawsuit:
- The surviving spouse of the deceased
- The surviving children of the deceased
- The deceased’s parents, if no spouse or children exist
- The personal representative of the deceased’s estate
If multiple family members qualify to file a claim, they may share any damages recovered from the lawsuit.
Common Causes of Wrongful Death in Car Accidents
Car accidents are one of the leading causes of wrongful death claims in Mississippi. These fatal crashes often result from driver negligence or reckless behavior, including:
- Drunk Driving (DUI Accidents) – Intoxicated drivers pose a serious risk to others on the road.
- Distracted Driving – Texting, talking on the phone, or using in-car technology takes a driver’s focus away from the road.
- Speeding and Reckless Driving – Excessive speed increases the force of impact, making crashes more deadly.
- Truck Accidents – Due to their large size and weight, commercial trucks can cause catastrophic injuries in crashes.
- Defective Auto Parts – Vehicle malfunctions, such as faulty brakes or tire blowouts, can lead to fatal accidents.
If a loved one’s death was caused by a negligent or reckless driver, the surviving family members may have grounds to file a wrongful death lawsuit.
How to Start a Wrongful Death Claim in Mississippi
Filing a wrongful death lawsuit involves several legal steps. Below is a general guide on how to begin the process.
1. Determine Eligibility to File
Before taking legal action, determine whether you are legally allowed to file a claim under Mississippi law. The spouse, children, parents, or estate representative can pursue the claim.
2. Gather Evidence to Support Your Case
To prove wrongful death, your attorney will need strong evidence showing that the other party’s negligence or misconduct caused the fatal accident. This may include:
- Police reports detailing the crash
- Accident scene photos and surveillance footage
- Medical records and autopsy reports
- Witness statements
- Expert testimony from accident reconstruction specialists
3. Calculate Damages
In a wrongful death case, families can seek compensation for various damages, including:
- Medical bills incurred before death
- Funeral and burial expenses
- Loss of income and financial support
- Loss of companionship and emotional suffering
- Pain and suffering of the deceased before passing
4. File a Wrongful Death Lawsuit
Once the evidence is gathered, your attorney will file a wrongful death lawsuit in the appropriate Mississippi court. The lawsuit names the at-fault party as the defendant and demands compensation for damages.
5. Negotiate a Settlement or Go to Trial
Many wrongful death cases are settled out of court, but if a fair settlement is not reached, your attorney will fight for your rights in court to ensure you receive the maximum compensation available.
Legal Obligations & Mississippi Wrongful Death Statutes
Mississippi law sets strict legal requirements for filing a wrongful death claim.
Statute of Limitations for Wrongful Death Claims
Under Mississippi Code § 15-1-49, families have three years from the date of death to file a wrongful death lawsuit in most negligence cases (such as car accidents).
However, if the wrongful death resulted from intentional misconduct, the deadline to file is only one year.
Failing to file within the statute of limitations can result in losing the right to seek compensation.
Comparative Negligence in Wrongful Death Cases
Mississippi follows a comparative negligence rule. If the deceased was partially at fault, the total compensation may be reduced based on their percentage of fault.
Frequently Asked Questions About Wrongful Death Claims in Mississippi
How much is a wrongful death lawsuit worth?
The value of a wrongful death case depends on medical expenses, lost wages, pain and suffering, and emotional distress. An attorney can evaluate your case and help determine a fair settlement amount.
Who can sue for wrongful death in Mississippi?
The spouse, children, parents, or personal representative of the deceased’s estate can file a claim. If there are multiple eligible family members, they will share the compensation.
What if the at-fault driver was uninsured?
If the at-fault driver was uninsured, surviving family members may still recover compensation through uninsured motorist coverage or other legal avenues.
Can I file a claim if my loved one was partially at fault?
Yes. Mississippi’s comparative negligence rule allows wrongful death claims even if the victim was partially at fault, but the settlement will be reduced based on their percentage of fault.
How long does it take to settle a wrongful death case?
The length of time depends on the complexity of the case, available evidence, and whether the case goes to trial. Some claims settle within months, while others take longer if litigation is necessary.
What if the wrongful death was caused by a truck accident?
Truck accidents often involve multiple liable parties, including the driver, trucking company, and vehicle manufacturers. Your attorney will investigate all sources of liability to recover maximum compensation.
What happens if there is a dispute among family members over the claim?
If multiple family members are involved in a wrongful death claim and there is a dispute over the lawsuit or settlement, the court may determine how damages are distributed.
How can an attorney help with a wrongful death lawsuit?
An attorney will handle every aspect of the case, including:
- Gathering evidence
- Negotiating with insurance companies
- Filing the lawsuit
- Representing your family in court
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
A wrongful death lawsuit cannot bring back a loved one, but it can provide financial security and hold negligent parties accountable. Barrett Law, PLLC represents families 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—available 24/7/365. Let us help you seek justice and financial recovery.
