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Filing a Wrongful Death Lawsuit in Mississippi After a Fatal Accident

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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.

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Who Can Sue Under Mississippi Wrongful Death Law?

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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.

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Fatal Drowning of 5-Year-Old Girls Grim Reminder of Swimming Pool Dangers

With the temperature rising as summer is upon us, kids are instinctively drawn to swimming pools.  While a swimming pool can be the source of endless hours of fun and recreation, it can also be an extremely dangerous place where children may suffer catastrophic injuries and wrongful death.  If your child is going to be at a home with a swimming pool, it is essential to understand who will be supervising your child and to ensure that your child is a proficient swimmer.  Parents should also confirm that any pool at a home that their child will be visiting is properly secured with a fence, locked gate, cover and/or similar protective measures.

A recent tragedy in Georgia serves as a grim reminder of the pool related dangers to children when there is inadequate supervision of children in the vicinity of a swimming pool.  Two five-year-old girls drowned while the grandparent of one of the girls who was the nanny of the other was preoccupied on a 45 minute phone call.  The nanny is now facing criminal charges and will likely be the subject of a wrongful death lawsuit brought by the parents of the girl that the nanny was supposed to be watching.

While this is a terrible tragedy, it is not rare when kids are left in the vicinity of swimming pools without close adult supervision.  The Centers for Disease Control (CDC) reports that drowning is the leading cause of fatalities involving children ages 1-4.  CDC data also reveals that younger children are most prone to suffering wrongful death caused by drowning in a swimming pool.  Because children spend more time in pools during the summer, approximately fifty percent of drowning incidents involving kids occur from June through the end of August.

The importance of vigilance regarding the location of small children around swimming pools can hardly be overstated.  Drowning data reveals that ninety percent of children that survive near drowning incidents are discovered within the first two minutes after falling into the pool.  There are many hazards that pose the risk of catastrophic injury or wrongful death including:

  • Falling in a pool and drowning
  • Drain entrapment accidents
  • Head injuries suffered when slipping on wet pavement
  • Diving board accidents
  • Accidents involving defective or missing lifesaving equipment

If your child is injured in a Mississippi swimming pool accident, our experienced Mississippi swimming pool accident attorneys provide effective legal representation to drowning victims and their families.  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.

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Medical Errors Are a Common Cause of Wrongful Death

Although most patients believe medical malpractice is a relatively rare event, it is a leading cause of wrongful death. It has been estimated that medical malpractice claims the lives of a quarter of a million people per year.  When you lose a loved one to wrongful death caused by medical malpractice, you must cope with your grief while also feeling the financial pressure from medical, funeral and burial costs combined with the potential of lost household income.  A family that is dealing with the emotional and financial challenges of the loss of a family breadwinner may find the prospect of dealing with the legal obstacles associated with a medical malpractice wrongful death case overwhelming.

The experienced Mississippi medical malpractice lawyers at Barrett Law understand the unique challenges associated with a wrongful death lawsuit that arises out of medical malpractice committed by a doctor, surgeon, nurse, anesthesiologist or other health care professional.  Our experienced team of Mississippi wrongful death medical malpractice attorneys works with nationally regarded medical experts and investigators to build persuasive and effective medical malpractice wrongful death cases.  These medical experts along with effective litigation technology allow us to construct and present compelling cases to establish substandard medical care by a doctor or other health care professional and a causal link between the negligent care and your injuries.

Some of the most common forms of medical negligence that may result in a wrongful death include the following:

  • Birth injuries
  • Surgical errors
  • Errors involving medications
  • Failure to diagnose life-threatening conditions
  • Mistakes in emergency rooms
  • Failure to properly prevent or treat infection
  • Anesthesia errors

When your loved one seeks the care of medical professionals, you normally expect that they will receive competent medical care based on established standards of medical professionalism.  When a loved one receives substandard medical care that actually results in the death of a loved one, the emotional toll can be devastating.  While we handle malpractice associated with many types of medical procedures and medical conditions, some of the common types of malpractice claims we handle include:

  • Gastric bypass malpractice
  • Orthopedic malpractice
  • Neurosurgical malpractice
  • Aortic aneurysm malpractice
  • Nursing home malpractice
  • Emergency room malpractice
  • Prescription drug malpractice
  • Kaiser medical malpractice
  • Deep vein thrombosis malpractice
  • Treatment or diagnosis of cancer malpractice
  • Cardiac or heart attack malpractice

These are merely a few types of medical malpractice cases that our experienced Mississippi medical malpractice lawyers handle for patients who suffer wrongful death caused by medical negligence. A Mississippi medical malpractice wrongful death lawsuit is comprised of two separate claims: (1) a survival action brought on behalf of the decedent’s estate and (2) a wrongful death claim for your damages suffered as a relative of the decedent.   If your loved one has died as a result of medical malpractice, we may be able to help you seek a wide range of damages.

Damages for Medical Malpractice Wrongful Death Claim

  • Financial support lost
  • Loss of intimate sexual relationship
  • Loss of training and guidance
  • Funeral and burial expenses
  • Reasonable value of lost household services
  • Loss of companionship, comfort, care and moral support

Damages for Medical Malpractice Survival Action Claim

  • Medical expenses
  • Lost earnings
  • Punitive damages (e.g. doctor botches operation while intoxicated)

Our experienced and compassionate team of Mississippi medical malpractice wrongful death attorneys carefully analyze  medical records, locate appropriate medical experts and deal effectively with the lawyers and medical malpractice carriers that represent medical professionals including doctors and hospitals.  Our experienced Mississippi medical malpractice attorneys have spent many years developing a network of medical experts that we can use to verify standards of treatment and confirm the causal connection between a medical error and a wrongful 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.

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Understanding Mississippi Wrongful Death Actions

There are few challenges in life more trying or heartbreaking than losing someone you love in a tragic accident. When you lose your child, a parent or someone else that you love, it is likely that you will be overcome with emotions including anxiety, frustration, sadness and even anger. Although it is never easy to learn that someone you love has died in a tragic accident, it is even harder to come to terms with the loss of someone you love when it is caused by the wrongful conduct of a third-party whether intentional, reckless or negligent.  In the wake of a fatal tragic accident involving a loved one, few people have the emotional strength to face the aggravation of dealing with legal challenges or uncooperative insurance adjusters.

At Barrett Law, our experienced and compassionate team of Mississippi wrongful death attorneys represents the families of fatal accidents with compassion, competence and dedication to obtaining the best possible outcome for our clients. We know that no some of money will restore the love of a family member that has been lost or ease the pain associated with knowing you will never hold the person in your arms again.  However, pragmatic real-world problems accompany the deep emotional challenges of losing a close family member.  If a loved one who has been lost was the primary breadwinner in the family, you may be facing a mountain of household and medical bills with no realistic way to cover these mounting expenses.  A wrongful death lawsuit can serve a number of functions for family members that have lost someone they love by providing closure, punishing the wrongdoer, discouraging such behavior in the future and providing a financial foundation to secure the future of your family.

If you lose a loved one in a tragic incident involving a third party, you may initiate a claim for wrongful death if you are spouse, parent or child.  The extent of the misconduct by the person who causes the death of someone you love will determine the scope of recoverable damages.  In incidents that are based on reckless or intentional misconduct, the court may even award punitive (exemplary) damages.  This type of damage is designed to address conduct that is particularly offensive and objectionable both to punish the wrongdoer and to discourage future similar bad acts.  An example of reckless conduct that might justify an award of punitive damages would be a driver who causes a fatal drunk driving collision.  Any intentional act that causes a wrongful death will usually support punitive damages against the wrongdoer with an example being someone who commits a violent crime resulting in a fatality.

Our Mississippi wrongful death lawyers at Barrett Law have represented clients in a wide range of wrongful death lawsuits and have obtained substantial settlements and verdicts for our clients, which have allowed them to provide for their financial future following the death of a family breadwinner.  Examples of the types of Mississippi wrongful death accidents that our personal injury law firm handles include the following:

  • Fatal trucking accidents
  • Head-on vehicle collisions
  • Motorcycle accidents (particularly involving head injuries).
  • SUV rollovers
  • Bicyclists struck by motor vehicle drivers
  • Run off the road accidents
  • Fatal side effects from defective products
  • Pedestrian vehicle collisions
  • Construction site accidents
  • Slip and fall accidents  (trip and falls)
  • Industrial accidents including explosions and fires
  • Deaths from occupational illnesses (mesothelioma)
  • Vehicle crashes involving buses
  • 15 passenger vans involved in rollover accidents
  • Falls from ladders and other elevations

Wrongful death lawsuits typically involve two separate but closely connected types of legal claims. One of these types of claims is the actual “wrongful death” claim. This claim is intended to compensate specific family members for the losses and injury they personally suffer as a result of the loss of someone they love. The compensation that may be available to an immediate family member based on this type of claim may include:

  • Emotional pain and suffering associated with losing someone you love
  • Diminished financial support from the family member who died
  • A child’s loses of the guidance of a parent
  • A spouse’s loss of companionship and services

While the wrongful death claim is intended to compensate surviving family members for their personal loss or injury, the other claim typically asserted in a wrongful death lawsuit is called a survival action.  A survival action is brought on behalf of the estate of the person who has died to assert the right to damages that the person who was fatally injured would have been able to assert had they survived the accident.  In other words, the person bringing this action steps into the shoes of the person who suffered wrongful death.  The damages that may be awarded for a survival claim include the following:

  • Any lost salary or income, including future lost earnings.
  • Expenses associated with burial for funeral
  • Hospital bills and other medical expenses.
  • Compensation for pain and suffering from the time of injury to the time of death (this type of damages are not available if an accident causes immediate death)

The attorneys at our Mississippi wrongful death law firm understand that a wrongful death lawsuit is brought on behalf of a beloved family member that has had their life tragically cut short because of the unsafe or violent act of another.  We also recognize that family members are typically overcome with grief when they lose someone they love, and the aggravation or frustration of poor communication and unreturned phone calls may only add to your anxiety and frustration.  This is why we are committed to keeping our clients informed regarding the status of their wrongful death lawsuit during the entire process.  At the Barrett Law Offices PLLC, our experienced Mississippi wrongful death lawyers represent wrongful death victims and their families 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.

 

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Complying with Timing Requirements in Mississippi Wrongful Death Claims

When you lose a loved one because of the careless conduct or criminal act of a third party, the emotional hardships can be enormous.  The notion of worrying about practical concerns like financial challenges, legal actions, and insurance hassles when coping with overwhelming grief can be extremely difficult.  However, there are critical time limits that apply to wrongful death actions, which make it important to take prompt action to avoid violating these critical deadlines.

The statute of limitations is the formal deadline by which a lawsuit must be initiated to preserve your legal rights to bring a legal action including a wrongful death claim.  The importance of the statute of limitations cannot be overstated because failure to comply with this timing requirement will typically result in a permanent bar to bringing a wrongful death claim.  There are generally no exceptions to the statute of limitations so even where failure to comply with the time limit results in devastating results the court cannot override this critical timing requirement.  If you have a loved one taken from you prematurely by the wrongful conduct of another, it is essential to obtain legal advice at the earliest opportunity.

An example may illustrate how an experienced Mississippi wrongful death attorney may help you avoid having a wrongful death claim permanently barred.  If a loved one is killed in a car accident on the roads of Mississippi, you must initiate a wrongful death action within three (3) years of the date of death.  While this may seem like a long time, the reality is that the time can pass quickly.  Sometimes a party that is not represented by counsel may be negotiating with an insurance company and not realize that the statue is approaching.  The insurance company is certainly not going to alert you and may drag out negotiations until it is too late to file a lawsuit.

The severe consequences of failing to file prior to the statute of limitations running also means that law firms may be hesitant to get involved in a wrongful death claim if the statute of limitations is close because of the potential liability.  Many times the law firm needs to conduct an investigation into the merits of a wrongful death claim so the firm must have sufficient time to determine whether they wish to take the case.

The determination of the date by which the case must be filed also can be complicated without legal advice.  A wrongful death claim that is based on an intentional tort in Mississippi has only a one year statute of limitations.  An intentional tort essentially refers to injuries caused by intentional rather than accidental conduct, such as sexual assaults, physical assaults and similar types of claims.  Medical malpractice claims generally must be filed within two years of the act or omission that gave rise to the claim or within two years of when the injury is or should have been discovered.

While these time limits may sound straightforward, there are a number of complications that may be involved in determining when the statute of limitations runs (i.e. expires).  Sometimes the period may be “tolled” or suspended and calculating when the period starts is sometimes tricky.  The harsh consequences of failing to comply with the statute of limitations means that you must be extremely vigilant about seeking legal advice promptly.  It must also be noted that other shorter time limits may apply if you are bringing a claim against a governmental entity.

If your loved one dies because of the wrongful act of another, the experienced Mississippi wrongful death attorneys at Barrett Law are committed to helping families recover the compensation that they need and holding those whose conduct harms others accountable.  At Barrett Law, our experienced Mississippi personal injury lawyers represent wrongful death 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.

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