Mississippi Wrongful Death Lawyer

Wrongful Death Attorney in Mississippi

A Mississippi wrongful death lawyer helps the families of people killed by someone else’s negligence or misconduct hold that party accountable and recover compensation under Mississippi’s wrongful death statute, Miss. Code Ann. § 11-7-13. From offices in Jackson and Gulfport, Chhabra, Gibbs & Gustavis, P.A. represents families across Mississippi after fatal car crashes, 18-wheeler accidents, construction and workplace accidents, offshore incidents and dangerous property conditions. Most wrongful death claims must be filed within three years of the death, so call 601-948-8005 for a free case review.

There is perhaps no greater loss in life than when a beloved family member dies due to the negligence of another. In the aftermath of a fatal car accident or trucking accident, families often face significant financial uncertainty and may not know where to turn for help. If you need a trusted Mississippi Wrongful Death Lawyer, the Mississippi personal injury attorneys at Chhabra, Gibbs & Gustavis, P.A. have been representing grieving families in wrongful death cases for many years. They provide personalized attention and compassionate representation when you need it most.

What Is a Wrongful Death Claim in Mississippi?

A wrongful death claim is a civil lawsuit brought when a person dies because of another party’s wrongful or negligent act, omission or defective product, in a situation where the person could have sued for their injuries had they survived. The claim is separate from any criminal case. Families can pursue compensation even if no one is charged with a crime or the defendant is found not guilty, because civil cases are decided by a “preponderance of the evidence,” a lower standard than criminal court.

To win a Mississippi wrongful death case, the family generally must prove four things:

1. Duty: the defendant owed the deceased a duty of care, such as a driver’s duty to follow traffic laws or a property owner’s duty to keep premises reasonably safe.
2. Breach: the defendant failed to meet that duty.
3. Causation: the breach caused the death.
4. Damages: the death caused losses the law recognizes, such as lost income, funeral bills and loss of companionship.

Who is Eligible to File a Wrongful Death Suit in Mississippi?

There are certain people eligible to bring a wrongful death lawsuit against the responsible person, business, insurance company, or governmental entity. Family members eligible to file a wrongful death lawsuit are spouses and children, and/or the mother and father of the deceased. If the deceased individual was not married, had no children, and his or her parents are no longer alive, siblings and/or personal representatives may pursue the wrongful death action.

Mississippi follows a “one lawsuit” rule: only one wrongful death suit may be brought for the same death, and every eligible family member’s claim is decided in that single case. Family members who did not file the suit can join it, which is why it is important for the family to coordinate early with one attorney. The statute also covers the death of an unborn quick child.

How Is Wrongful Death Compensation Divided Among Family Members?

Section 11-7-13 sets out how damages for the family’s losses are shared:

• If the deceased left a spouse and children, the recovery is divided equally among the spouse and children.
• If the deceased left a spouse and no children, the spouse receives the recovery.
• If there is no spouse, the children share equally (a deceased child’s descendants take that child’s share).
• If there is no spouse or child, the recovery is divided equally among the surviving parents, brothers and sisters.
• If none of these relatives survive, the recovery goes to the estate.

Funeral, medical and related expenses are recoverable whether or not an estate has been opened. When a beneficiary is a minor, a settlement generally must be approved by a Mississippi chancery court, which protects the child’s share until adulthood.

FAQs

How Long Do You Have to File a Wrongful Death Lawsuit in Mississippi?

In most cases, families have three years from the date of death to file a wrongful death lawsuit in Mississippi under Miss. Code Ann. § 15-1-49. Some claims have shorter deadlines: medical malpractice claims generally must be filed within two years of when the malpractice was or should have been discovered, deaths caused by intentional acts such as assault may have a one-year deadline, and claims against a government entity require a written notice of claim and generally must be filed within one year. Speak with a wrongful death lawyer as early as possible so evidence can be preserved.

How Much Is a Wrongful Death Lawsuit Worth in Mississippi?

There is no average value for a Mississippi wrongful death case because every claim depends on its facts. The biggest factors are the deceased person’s age, earnings, and life expectancy, the family’s loss of companionship, medical and funeral bills, how careless the at-fault party was, the available insurance, and any share of fault assigned to the deceased. Economic damages are not capped, but non-economic damages are generally capped at $1 million ($500,000 in medical malpractice cases) under Miss. Code Ann. § 11-1-60, and punitive damages are capped based on the defendant’s net worth.

Who Pays the Money in a Mississippi Wrongful Death Lawsuit?

In most Mississippi wrongful death cases, the at-fault party’s liability insurance company pays the settlement or verdict. Depending on how the death happened, that may be an auto or commercial trucking policy, a business’s general liability policy, a contractor’s coverage, or a product manufacturer’s insurer. If the at-fault driver was uninsured or underinsured, the family may be able to claim under the deceased person’s own uninsured/underinsured motorist (UM/UIM) coverage. Claims against Mississippi government entities are limited to $500,000 under the Mississippi Tort Claims Act.

What Is the Difference Between a Wrongful Death Claim and a Survival Claim in Mississippi?

A wrongful death claim compensates surviving family members for their own losses, such as lost financial support and loss of companionship. A survival claim recovers the losses the deceased person suffered before death, such as conscious pain and suffering and medical bills. In Mississippi, both types of damages are usually pursued together in the single wrongful death lawsuit allowed by Miss. Code Ann. § 11-7-13, which lets the jury award all damages of every kind to the deceased person and to the family members interested in the suit.

How Much Does a Wrongful Death Lawyer Cost in Mississippi?

Most Mississippi wrongful death lawyers, including Chhabra, Gibbs & Gustavis, P.A., handle cases on a contingency fee basis. That means the family pays no upfront attorney fees, and the lawyer is paid a percentage of the money recovered only if the case succeeds. The fee percentage and how case costs are handled are set out in a written agreement before work begins. Call 601-948-8005 for a free, no-obligation case review.

Common Types of Wrongful Death Cases We Handle in Mississippi

Our wrongful death lawyers represent families after fatal accidents of many kinds, including:

• Car accidents: crashes caused by drunk, distracted, speeding or wrong-way drivers on I-55, I-20, I-10 and Mississippi highways.
• 18-wheeler and log truck accidents: claims against drivers, trucking companies, brokers and maintenance contractors, often involving federal safety rules.
• Construction site accidents: falls, struck-by accidents, trench collapses, scaffolding failures and heavy machinery accidents.
• Offshore and maritime deaths: accidents on vessels, rigs and Gulf Coast waterways, which may be governed by federal maritime law such as the Jones Act.
• Pedestrian accidents: people struck while walking near roadways, crosswalks and parking lots.
• Rideshare and ATV accidents: fatal Uber and Lyft crashes and off-road vehicle accidents.
• Premises liability: deaths caused by dangerous property conditions, falls, drownings or inadequate security.
• Workplace deaths: when a worker is killed on the job, Mississippi workers’ compensation generally provides death benefits to dependents and usually bars a lawsuit against the employer, but the family may still bring a wrongful death claim against a negligent third party such as a subcontractor, driver or equipment manufacturer.

A Limited Amount of Time to File a Wrongful Death Case in Mississippi

Relatives of the deceased have three years from the date of death to file most wrongful death lawsuits in Mississippi under Miss. Code Ann. § 15-1-49. Once this deadline has passed, families will have no legal recourse against the responsible party. Some cases have shorter deadlines or extra steps:

• Medical malpractice: generally two years from when the malpractice was or should have been discovered, with 60 days’ written notice before filing (§ 15-1-36).
• Government defendants: claims against a city, county or state agency under the Mississippi Tort Claims Act require a written notice of claim at least 90 days before suit and generally must be filed within one year (§ 11-46-11).
• Intentional acts: deaths caused by assault or other intentional acts may be subject to a one-year deadline (§ 15-1-35).

Although this time seems like a long period, families should not wait to contact an attorney. After fatal auto accidents or semi-truck accidents, the responsible parties will attempt to evade accident liability. A wrongful death attorney must begin an independent investigation at once to preserve evidence, including vehicle and trucking data that may be overwritten, surveillance footage that is often deleted within days, and witness memories that fade.

What Happens in a Mississippi Wrongful Death Case?

1. Free case review: we listen to your family’s story, review the facts and explain your options at no cost.
2. Investigation: we gather police and crash reports, medical and autopsy records, electronic data, photos, video and witness statements, and consult experts when needed.
3. Identifying beneficiaries and the estate: we confirm who is entitled to recover and, where needed, help open the estate so a personal representative can act for the family.
4. Valuing the claim and demanding payment: we calculate economic and non-economic losses, identify every insurance policy and present a demand to the responsible parties.
5. Filing suit and discovery: if insurers will not pay fairly, we file the wrongful death lawsuit, usually in circuit court, and exchange evidence and take depositions.
6. Settlement or trial: most cases settle, but we prepare every case as if it will go to a jury.
7. Approval and distribution: settlements involving minors are presented to the chancery court for approval, and funds are distributed under Mississippi law.

Why Should You Contact Us Today?

After a fatal accident, the at-fault party’s insurance company starts building its defense right away. Hiring a Mississippi wrongful death attorney early puts someone on your family’s side who can preserve evidence, deal with insurers and protect the claim while you grieve. Families choose Chhabra, Gibbs & Gustavis, P.A. because we offer:

• Local offices statewide: our main office at 120 N Congress St., Suite 200, Jackson, and our Gulf Coast office at 2202 25th Avenue, Suite C-2, Gulfport, serve families from Hinds County to Harrison County and across Mississippi.
• Proven results in fatal cases: our recoveries include a wrongful death case arising from a construction site accident, along with multimillion-dollar trucking, car accident and third-party workplace results.
• Thorough investigations: we work to secure crash reports, truck black box and electronic logging data, surveillance video, OSHA records, witness statements and expert analysis before evidence disappears.
• One team for the whole family: we coordinate every beneficiary’s claim in the single lawsuit Mississippi allows, help with opening the estate and guide families through chancery court approval when children are involved.
• No upfront cost: a free case review, and fees only if we recover compensation for your family.

Damages Available in a Wrongful Death Case in Mississippi

Mississippi law allows family members to collect monetary damages because of the wrongful death. While no amount of money could ever make up for such a tragedy, monetary compensation can ease a family’s financial burdens, so they can focus on their own emotional recoveries.

If you’ve been a victim of a Wrongful Death in Mississippi, call us today for your free consultation to discuss your rights. Chhabra, Gibbs & Gustavis, P.A. is here for you.