Bereaved Rights

State wrongful death guide

Mississippi Wrongful Death Law Guide

In Mississippi, multiple family members or the estate can bring a single wrongful death action, with a three-year negligence deadline and capped noneconomic damages only in medical malpractice cases.

Quick facts for Mississippi

  • Who can file: Mississippi allows several people to bring a wrongful death action, including the personal representative of the estate, the surviving spouse, children, parents, or siblings. Only one action may be filed, but multiple parties may join.
  • Deadline to file: Most Mississippi wrongful death actions must be filed within three years of the date of death when based on negligence, and within one year if based on an intentional tort.
  • Key statute: Miss. Code Ann. § 11-7-13

Types of compensation families may pursue

  • Medical and funeral expenses
  • Lost income and financial support
  • Loss of society and companionship
  • Decedent’s pain and suffering
  • Punitive damages in appropriate cases

Mississippi caps noneconomic damages in medical malpractice cases and in some other civil actions, but there is no across-the-board cap for all wrongful death suits. Punitive damages are subject to separate statutory limits based on the defendant’s net worth.

Mississippi wrongful death law: a guide for grieving families

Mississippi’s wrongful death statute pulls several rights into one place, allowing close family members and the estate to pursue a single case after a preventable death. When you are grieving, coordinating all of this can feel daunting. This guide explains the framework in simple, steady terms.

1. What is “wrongful death” in Mississippi?

A wrongful death occurs when a person dies because of another’s real, wrongful or negligent act, omission, or unsafe conduct, and the deceased could have brought a claim if they had survived.

This can include:

  • Car and truck crashes
  • Medical negligence and nursing home neglect
  • Dangerous property conditions
  • Defective products
  • Intentional acts (assault, homicide)

2. Who can file the lawsuit?

Mississippi allows several people to bring the action:

  • The personal representative of the estate
  • The surviving spouse
  • Children
  • Parents
  • Siblings

However, only one wrongful death action may be filed for the same death. Eligible parties may join together so their rights are handled in that single suit.

3. What damages are available?

Families may recover:

  • Medical and funeral expenses
  • Lost wages and financial support
  • Loss of society and companionship
  • Decedent’s conscious pain and suffering
  • Punitive damages when warranted by willful or grossly negligent conduct

4. Damage caps

Mississippi:

  • Caps noneconomic damages in medical malpractice cases and some other civil actions.
  • Uses separate punitive damage caps tied to the defendant’s net worth.
  • Does not impose a universal, one-size-fits-all cap on every wrongful death claim.

5. Filing deadlines

Generally:

  • Three years from the date of death for negligence-based wrongful death claims.
  • One year from the wrongful act for intentional torts, such as assault or battery, involving certain defendants.

Exact timing can be technical, so you should consult a lawyer quickly.

6. First steps for families

  • Identify all potential beneficiaries (spouse, children, parents, siblings).
  • Decide whether the estate’s personal representative or an eligible family member will take the lead.
  • Gather medical records, death certificate, and accident reports.
  • Talk with a Mississippi wrongful death attorney about how to structure a single coordinated case.

7. Disclaimer

This guide is for general information only and is not legal advice.

Common questions about wrongful death

These answers are general information only and are not legal advice. Laws can change, and how they apply depends on your specific situation.

How long do I have to file a wrongful death lawsuit in Mississippi? +

In Mississippi, the filing deadline depends on the nature of the claim. Most negligence-based wrongful death actions must be filed within three years of the date of death. If the underlying conduct is an intentional tort, such as an assault, a one-year limitation period may apply. Because determining which deadline applies can be technical, families should speak with a Mississippi wrongful death attorney as soon as reasonably possible. This answer is informational only and not legal advice.

What damages are available in a Mississippi wrongful death case? +

Mississippi allows families to seek damages for medical expenses, funeral costs, lost income and benefits, loss of society and companionship, and the decedent’s pain and suffering. Punitive damages may also be awarded in cases involving willful, wanton, or grossly negligent conduct. Noneconomic damages in medical malpractice wrongful death cases are subject to statutory caps, and punitive damages are capped based on the defendant’s net worth. Other wrongful death claims generally do not have the same strict caps on compensatory damages. This answer is informational only and not legal advice.

Who can file a wrongful death lawsuit in Mississippi? +

Mississippi law allows several people to bring a wrongful death claim: the personal representative of the estate, the surviving spouse, the children, the parents, or the siblings of the deceased. Although multiple people are eligible, only one wrongful death action may be filed, and others can join in that case. This approach is meant to avoid competing lawsuits and to have all claims resolved in a single proceeding. This answer is informational only and not legal advice.