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Understanding Who Can Sue for Wrongful Death in Mississippi

who can file for wrongful death in mississippi

Mississippi, like other states, allows grieving family members to bring a wrongful death lawsuit when a loved one has died through someone else’s fault.

Typically, your loved one dies because of the carelessness or recklessness of another person, though you can also bring a wrongful death claim when a loved one has been intentionally killed.

Mississippi’s wrongful death law has many wrinkles which you should be aware of. Learn more about what you need to do if you’re filing a wrongful death claim in Mississippi.

Mississippi Wrongful Death Statute: Contact us About Your Case

Ready to Speak to a Mississippi Wrongful Death Attorney?

If you believe a loved one recently suffered a wrongful death, you shouldn’t face it alone. We want to hear from you, simply fill out the form below and we will contact you to set up a consultation. We just need some brief information:


I searched the internet for a lawyer that had a good history of handling claims of my family’s nature. Mr Noel handled me and my family as though he knew us personally. He was able to secure a satisfactory settlement in our favor.

Loretta Williams Covington
Loretta Williams Covington
2023-03-23
Katie goes above and beyond! Excellent service. Highly recommend.

Holly Beck
Holly Beck
2022-12-29
They get the job done good law Firm

Dewayne Durham
Dewayne Durham
2022-12-27
I reside in Seattle, Washington, and needed an attorney in Mississippi, my research led me to Noel Harris. My case took a little under three years, and Mr. Harris provided the best representation of myself and my lawsuit. The outcome was very favorable for me, and I am grateful for Mr. Harris. He is detail oriented, and does not miss a beat. I was treated with respect and kindness. I hope I do not have business in Mississippi again, but if I do, I know who to call. I cannot give a higher recommendation of Harris Law Firm.

Molly McBride
Molly McBride
2022-04-15
I contacted Katie for help with an unusual legal problem. I needed a court order to have a birth certificate issued for a family member who died 30 years ago. As you can imagine, there is no attorney that specializes in birth certificates, but I sure did luck up. As soon as we spoke she and her team dove into the State statute and the Department of Health policies and quickly had a legal path to make this happen. In the process we uncovered a problem with the way the estate was handled and she took care of that also.

She was upfront about the cost and I found it to be reasonable. I was most impressed with the open and clear communication. She returned calls and emails promptly and used common language that I could understand. There were no surprises. Best of all, I am out of state and she took care of everything, saving me time and a trip. Katie really made this a painless process and I would highly recommend her.

Ron Tharp
Ron Tharp
2022-02-15
Yes, I recommend, highly recommend, this firm because they take pride in their work and their reputation. If you care for specifics, read below:
1. Of the many firms from which I sought help, Harris Law Firm, PLLC of Greenville, MS, was the ONLY firm that deemed me worthy of even a response.
2. Their honest, realistic, upfront options were thoroughly and patiently explained to me without enticing promises.
3. I did not have to keep calling to find out what was going on. Their action was immediate; they had taken the first step before I completed my part. As a matter of fact, I had missed their attempts to notify me that it was favorably over.
4. Oh, and I agree with the two reviews before mine about the friendly staff and the reasonable fees.

Bertha Bell
Bertha Bell
2022-01-31
While no one wishes to find themselves in a situation where legal services are needed, Mrs. Katie Elliott is a knowledgeable, trustworthy attorney you can expect to guide you through the legal process. We will not hesitate to return to her for our future legal needs.

Courtney Johnson
Courtney Johnson
2022-01-14
Katie was very helpful and always quick to respond either with a call back or even a text message. Everything we needed we got with Katie. Highly recommend her to anyone.

Paulina Self
Paulina Self
2022-01-13
We had a pretty bad accident back in January 2020 and we went to Noel Harris. He was very knowledgeable and very friendly. He would explain the whole process to us and treated us like friends and not just clients. I would recommend him to anyone.

Dakota Silvey
Dakota Silvey
2021-12-08

Who Can File a Wrongful Death Lawsuit in Mississippi

A wrongful death lawsuit is a type of civil lawsuit which you file in civil court. Although the state can prosecute someone for murder, private parties can only sue for monetary compensation for the death of a loved one.

Under Mississippi’s wrongful death statute, the following can file a wrongful death lawsuit:

  • Spouse
  • Parents
  • Children and any descendants of children
  • Siblings

The estate’s personal representative can also file the wrongful death lawsuit. You should check with your loved one’s will to see who he or she appointed as the estate’s personal representative.

Regardless of who files the wrongful death lawsuit, all interested parties can join the lawsuit once it becomes filed. You will need to file paperwork with the civil court asking permission to join, so a lawyer’s assistance is indispensable at filing everything correctly and making the correct legal arguments.

Defining Wrongful Death

You might have a legitimate cause of action for wrongful death when someone’s wrongful act causes the death of a loved one. According to the Mississippi wrongful death statute, a wrongful death includes:

  • Any negligent, real, or wrongful act
  • Any negligent, real, or wrongful omission
  • Unsafe appliances or machinery
  • The breach of a product’s warranty of fitness

In effect, Mississippi allows you to bring a wrongful death lawsuit when a loved one dies because of the following:

  • Motor vehicle accidents
  • Dangerous premises
  • Defective products
  • Medical malpractice
  • Nursing home neglect or abuse
  • Intentional acts, such as shooting, stabbing, or punching someone

Each case is unique, and you should consult with an experienced Mississippi wrongful death attorney to determine whether you have a valid legal wrongful death claim. If the lawyer needs more information, he or she can conduct a preliminary investigation to determine what caused your loved one’s death.

Financial Compensation

Civil courts recognize that no amount of money can ever replace a loved one. Nevertheless, courts can’t give you anything else but money, so it is the only substitute available. In a successful wrongful death lawsuit, the estate can receive financial compensation for:

  • Medical costs incurred to treat your loved one during their final illness
  • Damage to your loved one’s property, e.g., damage to their car if they were involved in a car accident
  • Burial and funeral expenses

Surviving family members can also recover financial compensation for their economic and non-economic losses, such as:

  • The value of lost wages and benefits your loved one was reasonably expected to earn
  • Loss of companionship and guidance
  • Pain and suffering, such as grief, caused by the death of your loved one

The amount of damages can be difficult to estimate. However, the skilled team at Harris Law Firm has several decades of experience in this field and can help assess the amount of compensation available for your wrongful death claim.

We will look at your loved one’s education, income, and work experience to estimate the amount of lost wages and benefits they could have earned. We will also help you document your emotional grief and loss of companionship so that you can make a compelling case to the jury.

Mississippi caps certain non-economic damages like pain and suffering, but only in certain situations. For example, if your loved one died because of medical malpractice, your non-economic damages becomes capped at $500,000.

Similarly, if your loved one died because of a defective product, then the maximum non-economic recovery amount is $1,000,000. However, economic losses like lost wages and medical care have no cap, regardless of how your loved one died.

How Compensation Becomes Divided

Under Mississippi’s law, any financial compensation awarded in a wrongful death lawsuit will be divided in the following manner:

  • If an adult has a spouse and no children, the spouse will receive everything
  • If an adult has both a surviving spouse and children, all compensation will be divided equally between them
  • If an adult has children but no surviving spouse, all compensation will be divided equally among the children
  • If an adult has no surviving spouse or children, then financial compensation is divided equally between parents and siblings

Consider the following example: a man dies, leaving behind a wife, two children, and two sisters. In a wrongful death action, the jury might award the survivors $600,000.

Under this example, the man’s wife and two children will receive $200,000 apiece. The surviving siblings will not receive anything. Instead, siblings receive compensation, like parents, only when the deceased does not leave behind a surviving spouse or any children.

Deadlines Under the Mississippi Wrongful Death Statute of Limitations

Mississippi’s wrongful death statute of limitations sets a deadline you must meet when filing a wrongful death lawsuit. The state gives surviving family members only one year from the date of death to file a wrongful death lawsuit if an intentional act like assault or murder caused the death. If negligence caused your loved one’s death, you have three years from the date of death to bring a lawsuit.

Regardless of how the death occurred, you should quickly meet with an attorney, who can investigate the case and move to protect your rights.
Speak with a Mississippi Wrongful Death Attorney today and start developing your wrongful death claim.

Grieving family members need compensation to cover funeral and other expenses, but they also need compensation when the family’s main breadwinner dies. At Harris Law Firm, our team of experienced wrongful death attorneys will carefully build the strongest case possible so that you can take care of your family in the future.

Contact Harris Law Firm Today

To learn what legal services we offer, schedule a free consultation today. At the consultation, you can explain the circumstances surrounding your loved one’s death and ask any questions you have about our experience. Don’t delay. Contact us by calling (662) 262-8093 or filling out our online contact sheet.

Author Photo

Noel Harris

W. Noel Harris, founder of Harris Law Firm, PLLC, is a distinguished personal injury attorney with a Juris Doctor from the University of Mississippi School of Law. Since 1981, he has been a dedicated member of the Plaintiff’s bar, specializing in personal injury, medical malpractice, wrongful death, and products liability. Known for his profound legal knowledge and tenacious client representation, Noel has over three decades of experience, yielding numerous million and multi-million dollar verdicts and settlements. His commitment to justice is reflected in his memberships in prestigious legal associations, including the Mississippi and Arkansas Bars, Mississippi Association for Justice, American Association for Justice, and the National Trial Lawyers Association. Recognized as a Top 100 Trial Lawyer and holding an AV Preeminent Rating from Martindale-Hubbell, Noel’s expertise and ethical standards set him apart as a leading advocate for accident victims in Greenville, MS. Read

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