Mississippi Wrongful Death Attorneys

Let Us Help You Seek Justice & Peace of Mind

The loss of a loved one is a tragic event. There is nothing ‘MAGGIO LAW or any other firm can do to rid you of the pain and loss associated with such a tragedy. There is no amount of money that can replace a parent, spouse, child, or other loved one.

What we can offer is strength and guidance through such a trying time. You and your family could be entitled to funeral expenses, medical expenses, loss of income, pain and suffering, and even more importantly, loss of the loved one’s support, love, and guidance. Holding the at-fault party responsible can also bring peace of mind. Contact us today if you have experienced a tragic event of loss and need legal advice.

When you choose ‘MAGGIO LAW, we guarantee:

• Compassionate support when you need it most.
• Sensitivity to your situation and needs.
• The pursuit of justice for your loved one.

Should you decide to pursue a wrongful death lawsuit through our firm, you will pay no legal fees unless our Jackson wrongful death lawyers recover compensation for you. We will front all costs and expenses and will eliminate as much stress as possible through this difficult time.

For a free initial consultation and case evaluation, call our experienced wrongful death lawyers in Jackson at (601) 265-6869. 

On This Page:

• What Is a Wrongful Death Lawsuit?
• Mississippi Wrongful Death Law
• Who Can File a Wrongful Death Claim in Mississippi?
• Compensation for Wrongful Death in Mississippi
• How to Prove Liability in a Wrongful Death Case
• How to Hold a Company Accountable for a Wrongful Death
• What Does a Wrongful Death Attorney Do?
• Mississippi Wrongful Death Statute of Limitations
• Contact ‘MAGGIO LAW Today

What Is a Wrongful Death Lawsuit?

A wrongful death suit is a civil lawsuit that a family member can file after a loved one’s death, but you'll need an expert wrongful death attorney in Mississippi. This type of lawsuit is used to seek compensation for the emotional and financial hardship a family faces after someone’s actions caused the death of a loved one. A wrongful death can be due to someone else being negligent, reckless, or deliberately malicious.

The applicable law that defines what a wrongful death is found at Mississippi Code Ann. § 11-7-13. It states that:

“Whenever the death of any person or of any unborn quick child shall be caused by any real, wrongful or negligent act or omission, or by such unsafe machinery, way or appliances as would, if death had not ensued, have entitled the party injured or damaged thereby to maintain an action and recover damages in respect thereof, or whenever the death of any person or of any unborn quick child shall be caused by the breach of any warranty, express or implied, of the purity or fitness of any foods, drugs, medicines, beverages, tobacco or any and all other articles or commodities intended for human consumption, as would, had the death not ensued, have entitled the person injured or made ill or damaged thereby, to maintain an action and recover damages in respect thereof, and such deceased person shall have left a widow or children or both, or husband or father or mother, or sister, or brother, the person or corporation, or both that would have been liable if death had not ensued, and the representatives of such person shall be liable for damages, notwithstanding the death, and the fact that death was instantaneous shall in no case affect the right of recovery…”

Based on the law, an action (lawsuit) for a wrongful death may be filed or pursued by a surviving spouse, parent, child, sibling, or personal representative of the deceased’s estate.

Mississippi Wrongful Death Law

Mississippi Code Ann. § 11-7-13 defines a “wrongful death” as a death that is caused by: 

• “Any real, wrongful, or negligent act or omission,” and/or
• “Unsafe machinery, way, or appliances,” and/or
• “The breach of any warranty” of fitness of any item intended for human consumption.

A “wrongful death” could be associated with a car wreck, trucking accident, defective product or drug, or any other action, or inaction, of a third party. The death could also be as a result of medical malpractice. Identifying cause will shed light on which party (or parties) should be held legally responsible.

Using our experience and working with trusted investigators and experts in all relevant fields, our Jackson wrongful death attorneys fight to maximize our clients’ recoveries.

Who Can File a Wrongful Death Claim in Mississippi?

Determining who is entitled to wrongful death benefits is outlined very carefully in our state's laws. Wrongful death claims in Mississippi may be brought by certain family members of the deceased person. 

These include:

• A personal representative of the estate
• Surviving spouse
• Surviving parent or child
• Surviving siblings

Most wrongful death claims are typically brought by the deceased person's spouse. If the deceased person had any children, the awarded damages are split equally between the surviving spouse and children. If the deceased person was single or not legally married, a surviving parent or sibling may pursue a wrongful death claim. 

Compensation for Wrongful Death in Mississippi

Plaintiffs in Mississippi wrongful death claims may be awarded compensation in the form of economic and non-economic damages.

• Economic damages are meant to compensate the victim's family for quantifiable losses that can be calculated. This may include the deceased person's final medical expenses, burial and funeral costs, lost wages and other income, and property damage.
• Non-economic damages seek to provide compensation for other types of harm that are more difficult to assign a direct value to, such as pain and suffering of the deceased, emotional distress, loss of companionship, and loss of consortium.

The type and amount of compensation awarded will vary depending on the specific circumstances of your case. The best way to estimate the value of a wrongful death claim is to speak with an attorney.

Some common damages that a wrongful death beneficiary is entitled to in a wrongful death action include:

• The loss of love, care, protection, consortium, and companionship;
• Pain and suffering your loved one endured due to the fatal injury or illness;
• Medical costs resulting from the fatal injury or illness to the deceased;
• Lost income of the deceased;
• Mental anguish and distress;
• Funereal costs; and
• Lost retirement/pension funds (if available).

How Do You Prove Liability in a Mississippi Wrongful Death Lawsuit?

The family of a wrongful death victim must prove that the defendant is liable for the incident to receive compensation. In order to do this, they must first establish that the defendant had an obligation to act as a reasonable person would, and then demonstrate that the at-fault party failed to fulfill this obligation. 

This could include proving negligence on the part of the defendant, showing that the defendant violated a safety regulation, or demonstrating that the incident was due to deliberate intent.

A wrongful death attorney in Mississippi can help grieving families prove liability and seek justice for their loved one. An experienced wrongful death lawyer will review evidence, interview witnesses, and uncover any facts or circumstances related to the incident. They will also conduct a thorough investigation into the defendant’s actions leading up to the fatal accident, as well as any insurance coverage may have.

How to Hold a Company Accountable for a Wrongful Death

If your family member’s death was caused by a company or an employee of a company, Mississippi wrongful death laws allow you to seek compensation for the damages that you’ve suffered. 

The right to bring a wrongful death action in Mississippi is statutory. Most wrongful death cases are brought under the law of negligence. If a person or entity is careless or negligent and causes someone else's death, Mississippi’s wrongful death statute allows the family of that decedent to seek damages.

Vicarious Liability & the Respondeat Superior Doctrine

It’s probably safe to say that about 50 percent of all wrongful death cases filed in Mississippi involve motor vehicle crashes. Sometimes those crashes are caused by an employee of a corporation who was engaged in the course and scope of his or her employment. What comes to issue is whether that person’s corporate employer can be sued too. Resolution of that issue is found in the law of respondeat superior.

As per the law of respondeat superior, so long as the employee was acting in the course and scope of their employment, the master must answer for the employee’s wrongful acts. That’s what’s known as vicarious liability. Simply put, vicarious liability is a cost of doing business. 

Here’s an example of vicarious liability: 

An appliance store has a service technician who drives a company van during working hours. While on his way to a customer’s home to repair a dishwasher, the employee hits and kills a pedestrian who was lawfully crossing the street in a marked crosswalk. It’s highly likely that the appliance store will ultimately be held liable for the wrongful death of the pedestrian. If that employee wrongfully took the company van after working hours to move some furniture and hit and killed a pedestrian, it’s unlikely that the employer would be vicariously liable.

A corporation can be held liable for a wrongful death. It must be included as a defendant in any such lawsuit. If you were injured or lost a family member as a result of the carelessness and negligence of a corporation’s employee, don’t hesitate to contact us and arrange for a free consultation and case review. 

We’ll listen to you carefully, answer your questions and discuss your legal options. You don’t need a penny to retain us either. That’s because we don’t charge any legal fees at all unless we obtain a settlement or verdict for you.

What Does a Mississippi Wrongful Death Lawyer Do?

As mentioned above, an attorney is a critical part of proving liability and seeking compensation for the wrongful loss of your loved one. However, when faced with wrongful death litigation, a lawyer does even more to help their clients.

Top wrongful death attorneys help clients:

• Investigate and gather evidence of the incident
• Interview witnesses to gain further insight into the case
• Collect documents, reports, or other proof of negligence
• Review insurance coverage related to the incident
• Establish liability by proving that a defendant had an obligation to act as a reasonable person would and failed to fulfill this obligation
• Seek compensation for economic damages such as final medical expenses, burial and funeral costs, lost wages/income, etc.
• Pursue non-economic damages like pain and suffering, emotional distress, loss of companionship and consortium due to untimely death
• File all necessary legal paperwork with court systems on behalf of wrongful death victims' families
• Negotiate settlements with defendants or their insurers outside of court if appropriate

Is it Worth Hiring a Lawyer After a Family Member Dies?

After the death of a family member, loved ones may wish to consider hiring lawyers to pursue a wrongful death. lawsuit. Having legal expertise on your side can streamline the process of seeking justice for your loved one and make sure that all legal paperwork is prepared correctly.

Not only do lawyers help by filing paperwork and making sure legal deadlines are met, but they can also provide a sense of comfort that protocol is followed and justice is served.

Mississippi Wrongful Death Statute of Limitations

Every state in the nation has rules about how long people can wait between an incident happening and a lawsuit regarding the incident. This is referred to as the statute of limitations, and it varies wildly depending on where you live and what type of lawsuit you wish to file.

In Mississippi, there are two separate time limits that apply to wrongful death cases filed within the state's courts:

• If the death was the result of an intentional act, the wrongful death claim must be filed within one year of the date of death.
• If the death was caused by negligence, the wrongful death claim must be filed within three years of the date of death.

However, some states require you to file within one year while others let you wait up to six years. You will have to check the laws of your state to find the exact answer.

Can Anything Alter the Statute of Limitations?

Though each state has their own standard for how long you can wait, certain things can change the time period. You may have less time to wait before suing if you are naming a municipality as the defendant in your suit. If the only person capable of filing the case is a minor, the statute of limitations clock will not start counting down until they turn 18.

If you have already passed the statute of limitations but find out new information, such as evidence of medical malpractice, the discovery that a product was dangerous, or purposefully concealed information about the death, the discovery of this evidence may reset the clock.

Keep in mind that each state will have rules about what changes the statute of limitations, so you will need to read their laws carefully.

What About a Death That Occurs Years After the Incident?

Wrongful death claims get a little trickier when a person is injured due to the preventable actions of another person and then dies years afterwards due to the complications of the injury. Many family members assume that the statute of limitations will start once the person dies. However, the statute of limitations count down normally begins back when the initial injury was received.

There are only a few exceptions to this rule. If the person did not notice harm until far after the incident, such as discovering they had cancer years after a negligent company sold them something carcinogenic, the statute of limitations might not start until the harm was discovered. As always, new evidence coming to light may also set the statute of limitations.

Contact ‘MAGGIO LAW Today

If you, a friend, or a loved one have recently lost someone due to the negligence of another, it is imperative that you seek out a competent attorney to assist you with your claim. Our Jackson, MS lawyers are here to offer guidance, understanding, and advocacy during this trying time.

Contact us online or at (601) 265-6869 for your free, confidential consultation.