Jackson, MS Wrongful Death Lawyer

In Hinds County, wrongful death claims most often come out of crashes on I-55 and I-20, motorcycle collisions, a medical error at a local hospital, or a defective product. Whatever caused your loved one’s accident, Mississippi law gives your family a way to hold the responsible party accountable. But that right does not last forever, and the sooner you contact a Jackson wrongful death lawyer at Giddens Law Firm, the better your chances are of recovering compensation from those responsible.

John Giddens has represented Mississippi families in wrongful death cases since 1999. He holds an AV Preeminent rating from Martindale-Hubbell, the highest possible ranking for legal ability and ethics, awarded only after review by fellow attorneys and judges, and he is listed in Best Lawyers and Mid-South Super Lawyers. Our Jackson wrongful death attorneys investigate what happened, identify every party who bears responsibility under Mississippi law, and build your case while you focus on your family instead of paperwork.

If someone else’s negligence took a loved one from you in Jackson or anywhere in Mississippi, contact Giddens Law Firm for a free consultation. We work on a contingency fee basis, so you pay nothing unless we recover compensation for your family.

Why Families Choose Giddens Law Firm

That recognition isn’t just a line on a website. Best Lawyers named John Giddens to its 2025 and 2026 editions in two categories, Personal Injury Litigation and Product Liability Litigation, a list built entirely on evaluations by other attorneys who have worked opposite the lawyers they’re ranking. His AV Preeminent rating from Martindale-Hubbell carries the same kind of weight. It is the highest rating the organization gives, and it comes only after a confidential peer review of a lawyer’s ability and ethics. Mid-South Super Lawyers first recognized him in 2009 and has named him every year since 2014.

That reputation gets tested in cases where the at-fault party tries to limit what a family can recover. In one wrongful death case, a motorcyclist was killed when a driver pulled directly into his path with no time to react. The driver’s insurance carrier initially claimed its minimum-limit policy was the full extent of what the family could recover, and before litigation moved forward, the driver died, shifting the case into his estate. Giddens Law Firm traced the property the driver had improperly transferred before his death and pursued the estate directly, ultimately reaching a confidential settlement for the family. Families do not get that outcome from a firm that stops at the first number an insurance company offers.

What the Mississippi Wrongful Death Law Covers

Under Mississippi law (Miss. Code Ann. § 11-7-13), a wrongful death claim exists whenever a death is caused by another person’s negligent, wrongful, or intentional act. The claim belongs to the family, not the estate alone. A personal representative can bring the suit, or the surviving spouse, children, parents, or siblings can bring it directly; multiple family members may join a single case.

Wrongful death suits arising from a death in Jackson are typically filed in Hinds County Circuit Court. We see these cases come out of the same handful of trouble spots again and again: the I-55/I-20 interchange, the stretch of I-55 between Elton Road and I-220, and Lakeland Drive, as well as cases involving care at UMMC, Mississippi’s only Level I trauma center. Knowing which court a case will land in, and which judges and defense firms we’re likely to face there, shapes how we build a claim from day one.

Mississippi is a pure comparative negligence state under Miss. Code Ann. § 11-7-15. That means even if your loved one bore some responsibility for what happened, a wrongful death claim is not barred. The jury simply reduces the award by the percentage of fault assigned to your loved one, which is very different from states that cut off recovery entirely once a victim is found more than half at fault.

Damages in a Mississippi wrongful death case fall into two categories: economic losses like medical bills, funeral and burial costs, and lost income and financial support, and non-economic losses like loss of companionship and the emotional pain and suffering the death caused surviving family members. In cases involving especially reckless conduct, punitive damages may also be available.

Who Can File a Wrongful Death Claim in Mississippi?

A wrongful death claim in Mississippi can be filed by the personal representative of the deceased’s estate, or directly by the surviving spouse, children, parents, or siblings under Miss. Code Ann. § 11-7-13. Only one lawsuit can be brought per death, so family members with a claim to damages typically join together in a single case rather than filing separately.

Who ultimately receives compensation depends on the deceased’s survivors:

• If there is a surviving spouse and no children, the spouse receives the full award.
• If there is a surviving spouse and children, the award is divided between them.
• If there are children but no spouse, the award is divided equally among the children.
• If there is no spouse or children, surviving parents and siblings may share the award.

Frequently Asked Questions About Wrongful Death in Jackson, MS

What Is the Statute of Limitations for a Wrongful Death Lawsuit in Jackson, Mississippi?

The statute of limitations for a wrongful death lawsuit in Mississippi is three years from the date of death for cases based on negligence, under Miss. Code Ann. § 15-1-49. If the death resulted from an intentional act rather than negligence, the deadline shortens to one year. Three years can pass quickly once you account for investigation, gathering medical and accident records, and identifying every responsible party, so the sooner you contact a wrongful death attorney, the more evidence is still available to build your case.

How Much Is My Jackson Wrongful Death Claim Worth?

There is no set value for a wrongful death claim because it depends on your loved one’s income, age, the circumstances of the death, and the extent of your family’s financial and emotional losses. Once we have reviewed the accident report, medical records, and financial documentation, we can give you a realistic estimate of what your case may be worth.

How Long Does a Wrongful Death Lawsuit Take in Mississippi?

A wrongful death lawsuit in Mississippi can take anywhere from several months to a few years, depending on how quickly liability is established and whether the at-fault party is willing to negotiate a fair settlement. Cases that go to trial in Hinds County Circuit Court generally take longer than those resolved through negotiation. Complex cases, such as those involving multiple defendants or a dispute over available insurance coverage, tend to take longer to resolve.

Can I File a Wrongful Death Claim if My Loved One Was Not Employed?

Yes, you can file a wrongful death claim even if your loved one had no income at the time of death. Non-economic damages such as loss of companionship, and, for a parent or caregiver, the value of household services and childcare they provided, can still be significant even without lost wages. An experienced wrongful death attorney can help identify every category of damages your family is entitled to pursue.

Talk to a Jackson Wrongful Death Attorney Today

You should not have to fight an insurance company while you are still grieving. John Giddens and the team at Giddens Law Firm have represented Mississippi families through wrongful death claims since 1999, and we work on a contingency fee basis, so there is no cost to find out where your case stands. Call (601) 355-2022 or contact us online for a free consultation.