When Someone's Negligence Took Someone You Love

What Makes a Death "Wrongful" Under Mississippi Law

A wrongful death claim arises when someone dies as a result of another party's negligence, recklessness, or intentional misconduct. Mississippi law — specifically Miss. Code § 11-7-13 — governs these claims and defines both who may file and what damages may be recovered on behalf of the deceased and their surviving family members.

Wrongful death claims in Mississippi can arise from a wide range of circumstances, including:

• Car and truck accidents caused by a negligent driver
• Medical malpractice or surgical errors
• Workplace accidents and unsafe conditions
• Premises liability incidents
• Criminal acts or intentional violence
• Defective products or equipment failures

If your loved one would have had a viable personal injury claim had they survived, a wrongful death claim is likely available to your family.

Who Can File a Wrongful Death Claim in Mississippi

This is one of the most common questions families ask us, and it's an important one. Mississippi law specifically defines who has the legal right to bring a wrongful death claim — and understanding this early can prevent delays and confusion during an already painful time.

Under Miss. Code § 11-7-13, a wrongful death action may be filed by the following individuals, in order of priority:

• The surviving spouse of the deceased
• The deceased's children
• The deceased's parents
• The deceased's siblings
• The personal representative or executor of the deceased's estate, on behalf of all wrongful death beneficiaries

In Mississippi, all wrongful death beneficiaries share in any recovery — meaning the claim is brought on behalf of the entire family, not just the individual who files. If there is disagreement among family members about how to proceed, we can help walk through what the law requires and how the process works.

How Long Do You Have to File a Wrongful Death Lawsuit in Mississippi

Mississippi sets specific time limits — called statutes of limitations — for wrongful death claims. These deadlines matter, and missing them can permanently bar your family from pursuing a claim, regardless of how strong the case is.

Here is how the deadlines generally break down:

• Negligence-based wrongful death claims: 3 years from the date of death
• Intentional act-based wrongful death claims: 1 year from the date of death

The distinction between negligence and intentional conduct affects more than just the deadline — it shapes the entire legal theory of the case. We'll help you understand which category applies to your situation and what that means for your timeline.

We know that three years can feel like a long time when you're in the middle of grief. It isn't. Evidence fades, witnesses become harder to locate, and the investigation becomes more difficult with every passing month. If you're not ready to make any decisions yet, that's completely understandable — but reaching out early gives us the best opportunity to preserve what matters most to your case.

Our Investigative Approach to Wrongful Death Cases

A wrongful death claim is only as strong as the evidence behind it. We don't wait for the other side to hand us a narrative — we build our own through careful investigation from the beginning.

Depending on the circumstances of your loved one's death, that investigation may involve gathering accident reconstruction data, reviewing medical records and expert opinions, interviewing witnesses, obtaining law enforcement reports and internal documents, and identifying all liable parties — not just the most obvious ones. In cases involving commercial vehicles, employers, or institutions, there are often multiple parties whose conduct contributed to the death, and each one may bear legal responsibility.

This investigative foundation is part of how we prepare every case — not just the ones that go to trial.