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:
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Fatal car and truck accidents
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Medical malpractice
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Defective products
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Nursing home neglect
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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:
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The personal representative of the deceased’s estate
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The surviving spouse
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Surviving children or parents
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Surviving siblings
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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:
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Lost income and benefits: Projected earnings the deceased would have contributed to the family
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Funeral and burial costs
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Medical expenses incurred before death
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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:
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Pain and suffering of the decedent before death
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Loss of companionship, society, and consortium
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Emotional distress of survivors
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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:
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18-wheeler and commercial truck crashes on I-55, US 49, and Highway 98
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Fatal DUI crashes in Jackson, Southaven, and Gulfport
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Negligent nursing home deaths in Oxford and Meridian
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Construction site fatalities in Hattiesburg and the Mississippi Delta
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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:
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Understand their legal rights
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Gather evidence of liability and damages
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Work with experts to calculate full financial losses
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File timely and effective legal claims
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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:
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Medical and funeral expenses
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Loss of society and companionship
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Property damage caused in the incident
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Pain and suffering
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Punitive damages (when conduct is grossly negligent or intentional)
Federal laws may also apply in cases involving:
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Trucking companies (Federal Motor Carrier Safety Regulations)
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Defective products (Product liability law under U.S. Code Title 28)
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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:
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Request the full autopsy report and death certificate
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Preserve any available evidence or documents
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Identify all surviving family members and heirs
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Avoid signing early insurance settlement agreements
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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.
