If you lost a loved one because of someone’s negligence in Mississippi, you may have a wrongful death lawsuit on your hands. For almost three decades, the Mississippi wrongful death lawyers at Giddens Law Firm have been helping grieving families with their personal injury claims.

We will fight on behalf of your loved one to make sure they get the justice they deserve. Our firm has achieved multiple six- and seven-figure recoveries for clients, and John Giddens has been named one of the Top 100 Trial Lawyers in America by The American Trial Lawyers Association.

A wrongful death claim cannot undo your loss, but it can help your family seek justice and recover compensation for the financial and emotional harm caused by your loved one’s death. Contact Giddens Law Firm today for a free consultation.

What is a Wrongful Death Claim?

Wrongful death is the term used when someone’s negligent actions or their failure to act causes the death of another person. According to Mississippi law, if any person’s death is caused by “any real, wrongful or negligent act or omission,” that individual or company could be held responsible for that death.

Some examples of wrongful death include:

• A defective product or drug
• An accident with a truck or car
• Medical malpractice

The scale of these losses is difficult to measure fully. The Centers for Disease Control and Prevention estimates that 196,488 people died from unintentional injuries in 2024. Research suggests that preventable medical errors may play a role in tens of thousands of deaths each year, with some analyses placing the possible annual toll closer to 400,000. Fatal crashes are another major source of loss, with 36,640 people dying in traffic accidents in 2025 alone.

Wrongful death is a civil action rather than a criminal action. Since the person killed (decedent) cannot file suit or collect damages, it is the family or representatives of the estate that do so. The intent of a wrongful death case is to recompense family members who have suffered monetarily and emotionally from the death.

Damages from wrongful death can be assessed for lost wages and benefits, loss of companionship, and emotional pain and suffering caused by the trauma of this death.

Who Can File a Wrongful Death Lawsuit in Mississippi?

In Mississippi, a wrongful death claim may be filed by the decedent’s family members. This includes the surviving spouse, parent, child, or siblings. In addition, a personal representative of the estate may be eligible to file the claim to benefit the family members. Eligibility to recover compensation depends on who the deceased has left behind. This includes:

• If the deceased left a spouse but no children, the damages will go entirely to the spouse.
• If the deceased had a spouse and children, the damages are equally divided between the two parties.
• If the deceased had children but no spouse, the damages are divided equally among the children.
• If the deceased was unmarried and had no children, the damages will be divided equally among the surviving parents and siblings.

Who Can Be Held Responsible for a Wrongful Death in Mississippi?

Multiple parties can be held responsible for wrongful death. It all depends on what kind of negligence caused your loved one’s death.

For example, if your spouse had died after being hit head-on by an 18-wheeler in Mississippi, you may be able to hold not only the truck driver responsible, but also the trucking company that hired the negligent driver, the manufacturer of the vehicle that created faulty auto parts, and any third-party brokers who hired the company to deliver its goods.

Another scenario — if you lost a child in an auto accident with a drunk driver, you may be able to not only hold the driver accountable but also file a wrongful death lawsuit against the establishment that served them alcohol.

How Do You Prove a Wrongful Death Claim in Mississippi?

A defendant can only be held responsible for wrongful death in Mississippi if it can be proved that the defendant’s conduct was the cause of the death. It must be shown by your attorney that the death would not have occurred without the defendant’s act.

The time between the defendant’s action and the wrongful death of the decedent is not a factor as long as it can be proved that the defendant’s action was the cause of death. To prove that negligence was the cause of your loved one’s wrongful death, the following will need to be proven by your attorney:

• The wrongful death defendant had a duty to keep the victim safe from harm. For example, a medical professional is responsible for the safety and well-being of a patient they are treating.
• The wrongful death defendant failed in their duty. Using the medical professional as an example, while performing surgery on the patient, the surgeon nicks an artery but doesn’t notice the mistake.
• An injury occurred because of the wrongful death defendant’s breach of duty. The error had caused the patient to bleed out and pass away.
• The death caused damages. Because the patient had died, the family is now dealing with financial difficulties.

In Mississippi, if it can be shown that the decedent was partially responsible for his death, then he may be found to have comparative negligence. This means that wrongful death damages will be awarded based on the percentage of negligence imputed to the decedent. Also, if the decedent failed to seek appropriate medical care and that failure led to his death, there may be no grounds for a wrongful death claim or a reduction to a wrongful death award.

How Are Damages Determined In a Mississippi Wrongful Death Claim?

In a wrongful death claim in Mississippi, damages are assessed to compensate family members for their loss. There are many ways to calculate damages. Since damages can be awarded in several areas, it is important to examine each carefully.

The most obvious loss in a wrongful death case is the actual expenses incurred by the wrongful death, also known as economic damages. This includes medical expenses, funeral costs, lost wages, and lost future earnings. These are usually easy for an experienced Jackson wrongful death attorney to determine.

Less obvious but equally important are non-economic damages. These wrongful death damages are more difficult to calculate since they’re subjective and do not lend themselves to empirical measurements. It is a measure of the emotional pain and suffering experienced by the survivors. Such damages include loss of companionship, emotional distress, and loss of consortium.

A final area of damages is punitive wrongful death damages. This is an amount awarded to punish the person who caused the death, rather than to compensate the survivors for a specific loss. It can typically only be awarded when the action of the wrongful death defendant was intentional or grossly negligent, and is rarely awarded.

How Can Giddens Law Firm’s Mississippi Wrongful Death Lawyer Help Your Family?

Giddens Law Firm has built an exceptional reputation throughout Mississippi for relentless pre-trial preparation, case investigation, and the use of the latest attorney technologies, resulting in numerous significant settlements and verdicts.

John Giddens’ work for injured clients and grieving families across Mississippi has earned recognition from respected legal organizations and peer-review rating services. His AV Preeminent rating from Martindale-Hubbell represents the highest level of peer recognition for professional ethics and legal ability. He has also been included in The Best Lawyers in America list since 2025 and named one of Mississippi’s 10 Best by the American Institute of Personal Injury Attorneys.

If you or a loved one is in need of legal assistance, call Giddens Law Firm at (601) 355-2022. The initial consultation is free of charge, and if we agree to handle your Mississippi wrongful death case, we will work on a contingency fee basis, meaning we are paid only if there is a monetary recovery.

In many cases around Mississippi, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to become a client to ensure that you do not waive your right to possible compensation.

Frequently Asked Questions About Wrongful Death in Mississippi

Can I Bring a Wrongful Death Claim Even if the Deceased Was Never Employed?

Yes, even if the decedent did not have a source of income, you can still bring a wrongful death claim. Chances are you can still claim for other damages such as medical costs and pain and suffering.

What Happens if the Deceased Was Partially at Fault in Mississippi?

Mississippi follows a pure comparative negligence rule. This means that even if the deceased was partially at fault, compensation may still be recovered. However, the total award will be reduced based on the percentage of fault assigned to the deceased.

How Long Will My Wrongful Death Lawsuit Take?

It’s difficult to determine the length of a personal injury or wrongful death case. Some wrongful death cases with a family member can take a few months, while other cases can take a couple of years. It all depends on the complexity of your claim and the other party’s willingness to negotiate.

Does Mississippi Have a Cap on Wrongful Death Damages?

Mississippi generally does not cap economic damages such as medical bills or lost income in wrongful death cases. However, there may be limits on certain non-economic damages, depending on the circumstances, particularly in medical malpractice cases.

What is the Statute of Limitations for a Wrongful Death Lawsuit in Mississippi?

According to §15-1-49 of the Mississippi Code, the statute of limitations to file a wrongful death claim is three years. Although this may seem like a large amount of time, it can easily disappear quickly. Evidence and memories easily fade away.

Contact Our Wrongful Death Lawyers in MS Today

If you lost a loved one because of the negligence or a careless act of another, you have the right to file a claim on their behalf. Contact our wrongful death lawyers today for a free consultation. You can email, call, or chat, and we will get the process started within hours for your death claims.