Mississippi Wrongful Death Attorneys

Losing a loved one is one of life’s most painful experiences. When that loss is caused by someone else’s careless or intentional actions, the grief can be compounded by a deep sense of injustice. At Tollison & Webb P.A., we help families navigate this difficult journey by pursuing wrongful death claims with diligence, compassion, and an unwavering commitment to justice.

What Is a Wrongful Death Claim?

A wrongful death claim allows surviving family members to seek compensation when a person’s death is caused by the negligence, recklessness, or intentional misconduct of another. While no amount of money can undo such a loss, a successful claim can help ease the financial burden and provide a sense of accountability for those left behind.

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
• The personal representative of the deceased’s estate

Multiple parties may be eligible to recover compensation, and the law determines how any award is divided (see “How Compensation Is Divided” below).

Types of Compensation Available in a Wrongful Death Claim

When we handle your claim, our goal is to recover the maximum compensation allowed by law, including:

Economic Damages

• Medical expenses incurred prior to death
• Funeral and burial costs
• Lost wages and future income the deceased would have earned
• Loss of household services or benefits provided by the deceased

Non-Economic Damages

• Loss of companionship and emotional support
• Pain and suffering endured by surviving family members

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 behavior.

Are There Limits on Wrongful Death Compensation?

Yes. Mississippi places caps only on non-economic damages, meaning compensation for emotional suffering or loss of companionship is limited in certain cases:

• $500,000 cap for wrongful death caused by medical malpractice
• $1,000,000 cap for wrongful death caused by any other type of personal injury

Economic damages, such as lost wages or medical bills, are not capped.

Common Causes of Wrongful Death in Mississippi

Wrongful death claims can arise from a wide range of incidents, including:

• Motor vehicle accidents (cars, motorcycles, commercial trucks)
• Bicycle or pedestrian accidents
• Medical negligence or malpractice
• Dangerous or defective products
• Dangerous medications or pharmaceutical errors
• Acts of violence, such as assaults or shootings
• Unsafe premises or hazardous property conditions

Our team thoroughly investigates the cause of your loved one’s death and builds a case tailored to your situation.

Wrongful Death Deadlines: What You Need to Know

Under Mississippi law:

• Negligence-based claims (e.g., car accidents) must be filed within 3 years of the death
• Intentional acts (e.g., assault or murder) must be filed within 1 year

Although this may seem like ample time, acting quickly is crucial. The strength of your case often depends on preserving evidence—such as vehicle damage, surveillance footage, or witness testimony—which becomes harder to obtain as time passes.

How Long Does a Wrongful Death Case Take?

There is no one-size-fits-all answer. Some cases with clear liability resolve in a few months through settlement. Others, especially those involving complex facts or disputes, may require litigation and take a year or longer.

At Tollison & Webb, we handle your case with efficiency, keeping you informed at every step, while pursuing the full value of your claim—no matter how long it takes.

How Is Wrongful Death Compensation Divided Among Family Members?

Mississippi law provides specific guidance:

• 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.

For example, if a mother leaves behind her husband, one child, and two siblings, and a jury awards $1,000,000, the husband and child would each receive $500,000. The siblings would not receive compensation in this case.

Wrongful Death vs. Criminal Charges

It’s important to understand the distinction between a wrongful death claim and criminal charges. A wrongful death claim is a civil lawsuit, handled in civil court, where the goal is financial compensation. A criminal case is handled by the state and may result in prison time or fines for the defendant.

Even if the at-fault party is not convicted in a criminal trial, they can still be found liable in a civil wrongful death case. The burden of proof is lower in civil court, which means justice may still be achieved through a financial judgment.

Justice, Compassion, and Strength When Your Family Needs It Most

Let Tollison & Webb P.A. Stand With You. Your family’s loss deserves answers. It deserves accountability. And it deserves a team that treats your case with the care and urgency it demands. At Tollison & Webb P.A., we combine decades of legal experience with heartfelt commitment to every client we serve.

✅ Free consultations

✅ No fee unless we win

✅ Personalized representation every step of the way

Contact Our Wrongful Death Attorneys Today


Call us at (662) 234-7070
 or contact us online to schedule your free, no-obligation consultation. Let us help you honor your loved one’s memory with the justice they deserve.