If you have lost a loved one due to someone else’s negligence in Mississippi, understanding your legal rights is a critical first step toward justice. This guide covers Mississippi’s wrongful death laws, profiles three law firms that handle these cases, and answers the most important questions families face.
Introduction
Losing a family member due to another party’s negligence is devastating. Mississippi provides flexible plaintiff eligibility – allowing either the Personal Representative or direct beneficiaries to file – and imposes no caps on general wrongful death claims.
Mississippi Wrongful Death Laws
The Mississippi Wrongful Death Statute
Mississippi’s wrongful death law is governed by Mississippi Code § 11-7-13. The statute allows either the Personal Representative of the estate or the direct beneficiaries to file.
Who Can File
Either the Personal Representative or the direct beneficiaries – including the spouse, children, parents, or siblings of the deceased – may file.
Statute of Limitations
Mississippi imposes a 3-year statute of limitations, measured from the date of death.
Recoverable Damages
Mississippi allows recovery for pecuniary loss, loss of companionship, and mental anguish. For general wrongful death claims, there are no caps. Medical malpractice wrongful death claims are subject to a $500,000 cap on non-economic damages.
Survival Action
Mississippi maintains a separate survival action alongside the wrongful death claim.
Top 3 Wrongful Death Attorneys in Mississippi
1. Richard Schwartz & Associates, P.A.
Location: Jackson, MS (Offices statewide)
Phone: (800) 422-5552
Website: https://1call.org
Mississippi’s largest personal injury firm, with massive resources and statewide reach. Because Mississippi allows direct beneficiaries to sue, they rapidly organize the family unit to file claims for uncapped mental anguish and loss of companionship in fatal auto, offshore, and industrial accidents.
2. Morgan & Morgan (Mississippi Offices)
Location: Jackson, MS (and nationwide)
Phone: (877) 448-7350
Website: https://forthepeople.com
The Mississippi branch of this national giant is highly effective in holding massive trucking companies and industrial employers accountable for wrongful deaths. They aggressively pursue separate survival actions and wrongful death claims with bottomless resources to out-litigate defense firms.
3. Chhabra & Gibbs, P.A.
Location: Jackson, MS
Phone: (601) 948-8005
Website: https://cglawms.com
Heavily specialized in fatal workplace accidents, workers’ compensation deaths, and offshore maritime fatalities. They expertly navigate the intersection of workers’ comp death benefits and third-party wrongful death lawsuits to maximize the financial payout for grieving dependents.
Frequently Asked Questions
Are there caps on damages in Mississippi?
For general wrongful death claims, no. For medical malpractice wrongful death claims, Mississippi caps non-economic damages at $500,000. Economic damages remain uncapped.
Who can file in Mississippi?
Mississippi is more flexible than many states – either the Personal Representative of the estate or the direct beneficiaries (spouse, children, parents, or siblings) may file. This flexibility reduces procedural delays.
What should I do immediately after losing a loved one due to negligence?
Contact a wrongful death attorney as soon as possible. The 3-year deadline runs from the date of death. Preserve all evidence and do not speak with insurance companies before consulting an attorney.
Closing
Mississippi’s flexible filing rules and no caps on general negligence claims provide families with strong legal tools. The firms listed above have the resources to pursue maximum recovery. If you have lost a loved one due to another party’s negligence, contact one of these attorneys today.
For immediate grief support, contact the National Alliance for Grieving Children at (866) 432-1542.