Mississippi Wrongful Death Lawyer

Losing a loved one in a preventable accident changes everything in an instant. Families across Mississippi face emotional devastation, financial uncertainty, and unanswered questions after a fatal car accident. When that loss is caused by someone else’s negligence, Mississippi law provides a path for surviving family members to seek accountability and financial recovery through a wrongful death claim. Understanding how that process works is often the first step toward regaining a sense of control during an incredibly difficult time.

I’m Jonathan Barrett, a Mississippi car accident lawyer, and I’ve spent decades helping families pursue justice after fatal collisions. At Barrett Law, PLLC, we represent individuals and families across the state who are dealing with the aftermath of serious and fatal crashes. Whether the accident involved a distracted driver, impaired driving, a commercial vehicle, or unsafe road conditions, we work to uncover the truth and build strong cases on behalf of our clients.

Wrongful death claims are not just about compensation. They are about accountability, preserving the memory of your loved one, and protecting your family’s future. Mississippi law allows certain individuals to step forward and pursue damages when a death results from another party’s wrongful conduct. This article explains how these claims work, what families can expect, and how our firm supports clients every step of the way.

Fatal Car Accidents in Mississippi

Fatal car accidents remain a serious concern throughout Mississippi. High-speed collisions on interstates like I-55 and I-10, rural roadway crashes, and incidents involving commercial trucks often lead to devastating outcomes. According to Mississippi traffic safety data, common causes of fatal accidents include impaired driving, distracted driving, failure to yield, and reckless operation of a vehicle.

When a fatal accident occurs, the legal focus turns to determining liability. Under Mississippi law, a wrongful death claim arises when a person’s death is caused by a “wrongful or negligent act or omission” of another party. This is codified under Mississippi Code Annotated § 11-7-13. The statute allows surviving family members to bring a civil action against the responsible party.

These cases often involve detailed investigations. Evidence may include crash reports, witness statements, vehicle data, surveillance footage, and accident reconstruction analysis. In cases involving trucking companies, federal regulations from the Federal Motor Carrier Safety Administration (FMCSA) may also apply, adding another layer of complexity.

A fatal accident claim is separate from any criminal case that may arise. Even if the at-fault driver faces criminal charges such as DUI or vehicular manslaughter, the family still has the right to pursue a civil wrongful death action for damages.

Who Can File a Wrongful Death Claim

Mississippi law is specific about who has the legal authority to file a wrongful death claim. Under § 11-7-13, eligible parties include:

• The surviving spouse
• Children of the deceased
• Parents of the deceased
• Siblings (in certain circumstances)
• The personal representative of the deceased’s estate

In many cases, one lawsuit is filed on behalf of all eligible beneficiaries. The court may determine how any recovery is distributed among the family members.

This structure is important because it prevents multiple competing lawsuits and ensures that all interested parties are represented. However, disputes can arise among family members regarding control of the case or division of compensation. These issues must be handled carefully to avoid delays or complications.

If the deceased person had no surviving spouse or children, the claim may proceed through parents or siblings. If no immediate family members are available, the estate representative may pursue the claim.

Understanding who can file is critical because wrongful death claims are subject to a statute of limitations. In most cases, Mississippi allows three years from the date of death to file a claim under § 15-1-49. Missing this deadline can permanently bar recovery.

Types of Compensation Available

Wrongful death claims in Mississippi are designed to compensate surviving family members for both economic and non-economic losses. These damages can be substantial depending on the circumstances of the case.

Compensation may include:

• Medical expenses incurred before death
• Funeral and burial costs
• Loss of income and future earnings
• Loss of companionship and emotional support
• Pain and suffering experienced by the deceased prior to death
• Punitive damages in cases involving gross negligence or intentional misconduct

Mississippi law recognizes that the loss of a loved one extends far beyond financial harm. Emotional loss, loss of guidance, and the absence of a family member’s presence all factor into the value of a claim.

Punitive damages are particularly important in cases involving egregious conduct, such as drunk driving or reckless disregard for safety. These damages are intended to punish the wrongdoer and deter similar behavior in the future.

Each case is unique, and determining the full value of a claim requires a careful review of financial records, employment history, and the personal impact of the loss on surviving family members.

How We Support Families

At Barrett Law, PLLC, we understand that families facing a wrongful death case are dealing with grief while also trying to make critical legal decisions. Our role is to handle the legal burden so you can focus on your family.

We begin with a thorough case evaluation, reviewing all available evidence and identifying potential sources of liability. From there, we conduct a detailed investigation that may involve accident reconstruction professionals, medical professionals, and financial analysts.

We also handle all communication with insurance companies. Insurers often attempt to minimize payouts or shift blame. Mississippi follows a comparative fault rule under § 11-7-15, meaning compensation can be reduced if the deceased is found partially at fault. We work to counter these arguments and present a strong case for full recovery.

Throughout the process, we keep families informed. Transparency is critical, and we make sure clients understand each stage of the case, from filing to negotiation to trial if necessary.

Our goal is to secure the compensation your family deserves while treating you with respect and compassion.

Why Choose Barrett Law, PLLC

Choosing the right lawyer after a fatal accident can have a significant impact on the outcome of your case. At Barrett Law, PLLC, we bring decades of experience handling serious injury and wrongful death claims across Mississippi.

We focus on building strong, evidence-based cases that hold negligent parties accountable. Our approach is thorough, strategic, and tailored to each client’s situation.

Clients choose our firm because we:

• Handle complex wrongful death cases involving multiple parties
• Understand Mississippi law and local court systems
• Prepare every case as if it will go to trial
• Provide direct communication and personalized attention
• Work to maximize compensation for families

We represent clients throughout Mississippi, including Jackson, Gulfport, Southaven, Hattiesburg, Biloxi, Olive Branch, Tupelo, Meridian, Pearl, Madison, Greenville, Oxford, Clinton, Horn Lake, and Brandon.

Practical Steps After a Fatal Accident

If your family has lost a loved one in a car accident, taking the right steps early can protect your legal rights:

• Preserve evidence such as photos, documents, and contact information
• Avoid speaking with insurance adjusters without legal guidance
• Obtain a copy of the accident report
• Keep records of all expenses related to the incident
• Consult with a wrongful death lawyer as soon as possible

Acting quickly allows your legal team to secure critical evidence before it is lost or destroyed.

Mississippi Wrongful Death Lawsuit FAQs

Who receives the compensation in a wrongful death case?

Compensation is distributed among eligible beneficiaries as defined under Mississippi law. This typically includes the spouse, children, or parents. If there is disagreement, the court may determine how funds are divided. Each case is handled based on the specific family structure and circumstances.

How long does a wrongful death case take?

The timeline varies depending on the complexity of the case. Some claims may resolve within months through settlement, while others may take years if litigation is required. Cases involving multiple defendants or disputed liability often take longer.

What if the deceased was partially at fault?

Mississippi follows a pure comparative fault system. This means compensation may be reduced by the percentage of fault assigned to the deceased. Even if the deceased was partially responsible, the family may still recover damages.

Can a wrongful death claim be filed if there is a criminal case?

Yes. A civil wrongful death claim is separate from a criminal case. Even if the defendant is not convicted criminally, a civil case may still succeed because it has a lower burden of proof.

What evidence is needed to prove a wrongful death claim?

Evidence may include accident reports, witness statements, medical records, expert testimony, and financial documentation. Building a strong case requires a comprehensive investigation.

Are there limits on damages in Mississippi?

Mississippi does impose caps on certain types of damages, particularly in medical malpractice cases. However, many wrongful death claims arising from car accidents are not subject to the same limitations.

Can multiple parties be held responsible?

Yes. Liability may extend to multiple parties, including drivers, employers, vehicle manufacturers, or government entities responsible for road conditions.

What happens if the at-fault driver has no insurance?

Other sources of recovery may be available, such as uninsured motorist coverage or claims against third parties. Each case must be evaluated to identify all potential avenues for compensation.

Do I need to go to court?

Not all cases go to trial. Many are resolved through settlement negotiations. However, preparing for trial strengthens your position and may lead to a better outcome.

How much does it cost to hire a wrongful death lawyer?

Most wrongful death cases are handled on a contingency fee basis. This means you do not pay upfront legal fees. The attorney is paid only if compensation is recovered.

Have You or a Loved Suffered Injuries or the Tragic Loss of a Loved One in a Mississippi Accident? Call Mississippi car accident attorney Jonathan Barrett 24/7/365 at (601) 790-1505 for Your FREE Consultation

Losing a loved one in a car accident is one of the most difficult experiences any family can face. You deserve answers, accountability, and the opportunity to secure financial stability for the future. At Barrett Law, PLLC, we are committed to helping Mississippi families pursue justice after fatal accidents. We handle every aspect of your case so you can focus on healing. Call today to speak directly with our office and learn how we can help you move forward.

Jonathan Barrett Fights for Mississippians – Call 24/7/365 at (601) 790-1505 to Receive Your FREE Consultation

Barrett Law, PLLC represents injured individuals and grieving families across the State of Mississippi, including the Mississippi Gulf Coast, Central, Southern, and Northern Mississippi. We serve communities throughout Jackson, Gulfport, Southaven, Hattiesburg, Biloxi, Olive Branch, Tupelo, Meridian, Pearl, Madison, Greenville, Oxford, Clinton, Horn Lake, and Brandon. When tragedy strikes, having a dedicated legal advocate can make all the difference. Call today to discuss your case and protect your family’s rights.