Losing a loved one in a car accident is one of the most devastating experiences a family can face. When that loss is caused by another driver’s negligence, the pain is even greater. Families often feel overwhelmed with medical bills, funeral expenses, and lost income, all while grieving their loved one. Filing a wrongful death claim can provide financial relief, but navigating the legal process alone is challenging.
At Barrett Law, PLLC, we fight for families who have lost loved ones due to negligence in car accidents across Mississippi. Jonathan Barrett, an experienced Mississippi Car Accident Attorney, helps families seek justice and maximum compensation in wrongful death lawsuits. If you have lost a loved one in a car accident, you need an attorney who will protect your rights and fight for your family’s future.
Understanding Wrongful Death Cases in Mississippi
A wrongful death claim is a civil lawsuit that allows surviving family members to seek compensation when their loved one dies due to another party’s negligence, recklessness, or intentional misconduct.
Common Causes of Wrongful Death in Car Accidents
Wrongful death cases in Mississippi often stem from:
- Drunk Driving Accidents – Impaired drivers cause catastrophic crashes that result in fatalities.
- Distracted Driving – Texting, talking on the phone, or other distractions can lead to deadly crashes.
- Reckless or Aggressive Driving – Speeding, tailgating, or road rage can cause high-impact accidents.
- Truck Accidents – Large commercial trucks can cause fatal crashes due to their size and weight.
- Defective Auto Parts – Malfunctioning brakes, airbags, or tires can contribute to deadly accidents.
If another driver’s negligence caused your loved one’s death, you may have the right to file a wrongful death claimunder Mississippi law.
Who Can File a Wrongful Death Lawsuit in Mississippi?
Under Mississippi law (Miss. Code Ann. § 11-7-13), the following family members may file a wrongful death claim:
- Spouse of the deceased
- Children of the deceased
- Parents of the deceased
- Siblings of the deceased
- Personal representative of the estate
If multiple parties qualify to file a claim, the court will distribute compensation based on the relationship to the deceased.
Why You Need a Lawyer for a Wrongful Death Case
Wrongful death cases are complex, and insurance companies will do everything possible to minimize or deny compensation. Having a skilled wrongful death lawyer ensures that your family’s rights are protected.
1. Proving Liability in a Wrongful Death Case
To succeed in a wrongful death lawsuit, you must prove:
- The at-fault party owed a duty of care (e.g., obeying traffic laws).
- The duty of care was breached (e.g., speeding, driving under the influence).
- The breach directly caused the death of your loved one.
- Your family has suffered financial and emotional losses.
An experienced attorney gathers evidence, interviews witnesses, and builds a strong case to prove liability.
2. Dealing With Insurance Companies
Insurance companies do not prioritize your family’s well-being—their goal is to limit payouts. A wrongful death attorney negotiates aggressively to ensure the insurer pays a fair settlement.
3. Maximizing Compensation for Your Family
A wrongful death claim can provide compensation for:
- Medical bills from the accident
- Funeral and burial expenses
- Loss of income and financial support
- Pain and suffering of the deceased before passing
- Loss of companionship for surviving family members
Without legal representation, families risk accepting a settlement far below what they deserve.
4. Handling the Legal Process While You Grieve
Losing a loved one is emotionally overwhelming. Handling a legal claim alone adds stress during an already painful time. An attorney takes care of the legal process, allowing your family to focus on healing.
5. Filing Within Mississippi’s Statute of Limitations
Mississippi law requires wrongful death lawsuits to be filed within three years of the date of death. If the claim involves a government entity, the deadline is shorter. A lawyer ensures your case is filed on time to preserve your right to compensation.
What to Do If You Have Lost a Loved One in a Car Accident
If your loved one has died due to another driver’s negligence, take the following steps to protect your legal rights:
- Obtain the Police Report – Law enforcement documents details about the accident that can be used as evidence.
- Gather Medical Records – If your loved one received medical treatment before passing, these records can support the claim.
- Keep Financial Records – Document funeral costs, medical expenses, and lost income due to the loss.
- Do Not Accept an Insurance Settlement Right Away – Insurers often offer low settlements to avoid paying the full value of the claim.
- Contact a Wrongful Death Lawyer – An experienced attorney will investigate the accident, handle negotiations, and fight for maximum compensation.
At Barrett Law, PLLC, we guide families through every step of the wrongful death lawsuit process.
Frequently Asked Questions About Wrongful Death Cases in Mississippi
What damages can I recover in a wrongful death lawsuit?
Families can recover compensation for medical expenses, lost wages, funeral costs, emotional distress, and loss of companionship.
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, but it may be shorter for certain cases.
Can a wrongful death claim be filed if the deceased was partially at fault?
Yes. Under Mississippi’s comparative negligence law, damages are reduced by the deceased’s percentage of fault but are not eliminated.
Do all wrongful death cases go to trial?
No. Many cases settle out of court, but if a fair settlement isn’t offered, Barrett Law, PLLC is prepared to take your case to trial.
Can I file a wrongful death lawsuit for a hit-and-run accident?
Yes. Even if the driver is unknown, your family may still have options to recover compensation.
What if the at-fault driver was uninsured?
If the driver had no insurance, your claim may be covered by uninsured motorist (UM) insurance.
How is compensation distributed among family members?
Mississippi law distributes damages based on the relationship to the deceased, with spouses and children having priority.
Will hiring a lawyer increase my settlement?
Yes. Studies show that accident victims and families receive higher compensation when represented by an attorney.
How much does it cost to hire a wrongful death lawyer?
At Barrett Law, PLLC, we work on a contingency fee basis, meaning you don’t pay unless we win your case.
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
Losing a loved one is devastating, and financial stress should not add to your grief. If your family is facing medical bills, funeral costs, and lost income, Barrett Law, PLLC is ready to fight for justice.
Our firm represents wrongful death victims 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 fight for the compensation your family deserves while you focus on healing.
