What Damages Can You Recover in a Mississippi Wrongful Death Case?
Losing a loved one to someone else's negligence is devastating. Mississippi law allows surviving family members to seek compensation — but the rules on who can recover and what they can recover are specific. Here's what you need to know.
No amount of money brings back a loved one. But when someone dies because of another person's negligence, recklessness, or intentional act, Mississippi law gives surviving family members the right to seek justice — and financial compensation for the losses they've suffered.
Understanding what you can recover, and who can recover it, is the first step.
Who Can File a Wrongful Death Claim in Mississippi?
Mississippi's wrongful death statute — Miss. Code Ann. § 11-7-13 — is specific about who has the right to bring a claim. The following people may file, in order of priority:
- The surviving spouse
- Children of the deceased
- Parents, if there is no surviving spouse or children
- Siblings, if there is no surviving spouse, children, or parents
If none of the above survive, the estate's personal representative may bring the claim on behalf of the estate.
Only one lawsuit may be filed for a wrongful death — all eligible beneficiaries must be included in that single action.
What Types of Damages Are Available?
Mississippi wrongful death law allows recovery for several categories of damages:
Economic Damages
These are the measurable financial losses caused by the death:
- Lost income and earning capacity — what the deceased would have earned over their lifetime
- Medical expenses — costs of treatment before death
- Funeral and burial expenses
- Loss of services — the value of household contributions, childcare, and other services the deceased provided
Non-Economic Damages
These compensate for losses that don't come with a price tag:
- Pain and suffering of the deceased before death
- Grief and mental anguish of the surviving beneficiaries
- Loss of companionship, society, and comfort
- Loss of parental guidance for surviving children
Punitive Damages
In cases involving gross negligence, recklessness, or intentional misconduct, Mississippi courts may award punitive damages — money designed to punish the wrongdoer and deter similar conduct. These are not available in every case, but when they apply, they can significantly increase the total recovery.
Common Causes of Wrongful Death Claims
We handle wrongful death cases arising from many different circumstances, including:
- Car and truck accidents caused by negligent or drunk drivers
- Medical malpractice — surgical errors, misdiagnosis, medication mistakes
- Workplace accidents — construction site deaths, industrial accidents
- Nursing home neglect or abuse
- Deaths in custody — in jails, prisons, or detention facilities
- Defective products that cause fatal injuries
If the death occurred in a prison or jail, there may also be a federal civil rights claim under 42 U.S.C. § 1983 in addition to the state wrongful death claim.
How Long Do You Have to File?
Mississippi's wrongful death statute of limitations is three years from the date of death. There are limited exceptions, but waiting too long almost always means losing your right to recover.
If the death involved a government entity — a city, county, or state agency — you may need to file a notice of claim within 90 days. Missing that deadline can bar your claim entirely.
How Are Wrongful Death Damages Divided?
When a wrongful death case settles or goes to verdict, the recovery is divided among the eligible beneficiaries. Mississippi courts have discretion in how they apportion damages, and disputes among family members about the division are not uncommon.
Having an experienced attorney who can navigate both the litigation and the family dynamics is essential.
We Handle Wrongful Death Cases on Contingency
At Sanders Law, we represent wrongful death families on a contingency fee basis — you pay nothing unless we recover for you. We understand that you're grieving, and we handle the legal fight so you can focus on your family.
If you've lost a loved one due to someone else's negligence in Mississippi, contact us today for a compassionate, confidential consultation. Read more about what families should know after a wrongful death to understand the full picture before your first call.
Related Reading
Explore Topics
Written by
Courtney Sanders
Content creator and writer sharing insights and stories.
