Mississippi Code Section 11-7-13 defines “wrongful death” as a death caused by: 

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

To put in another way, a wrongful death claim may be brought on behalf of a deceased person if that person would have been allowed to file a personal injury claim had he or she survived.  This claim could be associated with a car accident, trucking accident, motorcycle accident, workplace injury, medical malpractice or defective product.

Who Can File A Wrongful Death Claim In Mississippi?

In Mississippi, wrongful death claims may be brought by certain family members of the deceased person.  These individuals may include, but are not limited to the following: 



• A personal representative of the estate
• Surviving spouse
• Surviving parent
• Surviving children
• Surviving siblings 

Once a wrongful death claim has been filed by one party, other parties can request to be included.

How Long Do I Have To File A Wrongful Death Claim In

Mississippi?

It is important to act promptly if you or a loved one wants to bring a wrongful death claim.  Thus, we strongly recommend that you initiate the claim process as soon as possible after your loved one’s death to preserve the claim.

In Mississippi, the wrongful death claim must be filed within three (3) years if the death was caused by negligence.  If a party waits longer than the three-year time limit to file a claim in civil court, the court will likely refuse to hear the case.

Types Of Recoverable Damages In Wrongful Death Claims

The damages that may be available in a wrongful death claim will depend on the specific losses suffered by you and your loved ones.  These damages can include:

• Loss of income and financial support
• Burial and funeral expenses 
• Medical expenses
• Loss of companionship
• Loss of consortium
• Pain and suffering
• Punitive damages 

If you or a loved one has lost someone due to negligence of a car accident, trucking accident, motorcycle accident, workplace injury, medical malpractice or defective product, you should speak with an experienced wrongful death attorney for maximum recovery.  Call us today at (662) 404-8501 or complete our Contact Form to schedule a free consultation.  We are here to help.