When a death is caused by someone else’s negligence or wrongful conduct, Mississippi law gives surviving family members the right to pursue a wrongful death claim. These cases carry the full weight of the underlying negligence along with additional damages for the loss the family has suffered. At Tollison & Webb P.A., we handle wrongful death claims throughout Mississippi with the seriousness and care they deserve, pursuing full accountability and compensation for families who have lost someone they love.

Who Can File a Wrongful Death Claim in Mississippi?

Mississippi law permits the following individuals to bring a wrongful death action: the surviving spouse, children or other legal descendants, parents of the deceased, siblings of the deceased, and the personal representative of the deceased’s estate. Multiple parties may be eligible to recover, and Mississippi law determines how any award is divided among them.

Compensation Available in a Wrongful Death Claim

A wrongful death claim can recover several categories of damages depending on the circumstances of the case.

Economic Damages

Economic damages include medical expenses incurred prior to death, funeral and burial costs, lost wages and future income the deceased would have earned, and the loss of household services or financial benefits the deceased provided to the family.

Non-Economic Damages

Non-economic damages compensate for loss of companionship and emotional support, and the pain and suffering endured by surviving family members as a result of the loss.

Punitive Damages

In cases involving gross negligence, malice, or a willful disregard for safety, Mississippi law allows for punitive damages to punish the wrongdoer and deter similar conduct in the future.

Damages Caps in Mississippi Wrongful Death Cases

Mississippi places caps on non-economic damages only. Compensation for emotional suffering and loss of companionship is limited as follows: $500,000 for wrongful death caused by medical malpractice, and $1,000,000 for wrongful death caused by any other type of personal injury. Economic damages such as lost wages and medical bills are not subject to these caps.

How Compensation Is Divided Among Family Members

Mississippi law provides specific rules for how wrongful death compensation is distributed. If the deceased had a spouse but no children, the spouse receives the full amount. If there are both a spouse and children, compensation is divided equally among them. If there are children but no spouse, the children divide the award equally. If there are no spouse or children, compensation is shared between the deceased’s parents and siblings.

As an example, if a jury awards $1,000,000 and the deceased is survived by a spouse and one child, each receives $500,000. Siblings would not receive compensation in that scenario.

Common Causes of Wrongful Death

Wrongful death claims in Mississippi arise from a wide range of circumstances, including motor vehicle and commercial truck accidents, bicycle and pedestrian accidents, dangerous or defective products, unsafe premises and hazardous property conditions, acts of violence, and medical negligence. We investigate the cause of death thoroughly and build a case tailored to the specific facts of your situation.

Deadlines for Filing a Wrongful Death Claim

Mississippi imposes strict deadlines on wrongful death claims. Negligence-based claims, such as those arising from car accidents, must be filed within three years of the date of death. Claims based on intentional acts, such as assault, must be filed within one year. Missing these deadlines bars the claim entirely. Beyond the statute of limitations, acting quickly matters because evidence, including vehicle damage, surveillance footage, and witness accounts, becomes harder to preserve as time passes.

Wrongful Death and Criminal Charges

A wrongful death claim is a civil lawsuit seeking financial compensation. It is entirely separate from any criminal proceedings the state may bring against the responsible party. Even if the at-fault party is acquitted in a criminal trial or never charged at all, a civil wrongful death claim can still succeed. The burden of proof in a civil case is lower than in a criminal case, which means civil liability can be established even when a criminal conviction is not possible.

Frequently Asked Questions

How long does a wrongful death case take?

It depends on the complexity of the case and whether it resolves through settlement or litigation. Cases with clear liability sometimes settle within months. Cases involving disputed facts or significant damages may require litigation and take a year or longer to resolve. We handle every case efficiently and keep clients informed at every stage.

What does it cost to hire a wrongful death attorney?

We handle wrongful death cases on a contingency fee basis. You pay no attorney fees unless we recover compensation for you. There are no upfront costs and no hourly charges.

What if the at-fault party has limited insurance coverage?

We investigate all potential sources of recovery, which may include the at-fault party’s insurance policy, underinsured motorist coverage on the deceased’s own policy, employer liability if the at-fault party was working at the time, and third-party liability depending on the circumstances. Insurance policy limits do not necessarily define the maximum recovery available.

Contact a Wrongful Death Attorney in Mississippi

If your family has lost someone due to another party’s negligence or wrongful conduct, contact Tollison & Webb P.A. to schedule a consultation. We represent wrongful death clients throughout Mississippi from our office in Oxford.

Call (662) 234-7070 or contact us online. There is no fee unless we recover for you.