Losing a family member in a trucking accident is devastating to those left behind. Often, the family is unsure where to start recovering from the tragedy. Medical bills, funeral and burial costs pile up quickly at a time when you just want to grieve. Understanding your rights and the steps to take after a wrongful death truck accident is essential for your recovery.
At Giddens Law Firm, our Mississippi truck accident lawyer is dedicated to helping families pursue rightful compensation following the death of a loved one in a truck crash. Our experienced legal team knows the challenges of wrongful death truck accidents, and we make sure you receive the support you need during such a difficult time. Reach out today to discuss your case and explore what options are available to you and your family.
What Makes a Truck Accident Death a “Wrongful Death” Under Mississippi Law?
Mississippi Code § 11-7-13 defines wrongful death as a death caused by another party’s negligence, recklessness, or intentional act. In trucking cases, this usually refers to a truck driver who violated Federal Motor Carrier Safety Regulations, drove distracted or impaired, or operated recklessly on the highway.
But driver error is rarely the whole story. Trucking companies often share liability when they hire drivers with poor safety records, pressure them to skip rest breaks, or cut corners on vehicle maintenance. In some cases, other parties may be held responsible, such as:
- The cargo loader
- The shipping company
- A third-party broker who hired the negligent company
- The maintenance provider
- The truck manufacturer
Unlike a standard car accident, a single trucking fatality can involve four or five defendants—each pointing fingers at the others. Sorting out who’s actually responsible requires investigation, and that’s where having the right legal team matters.
Who Can File a Wrongful Death Claim in Mississippi?
Mississippi law is specific about who can bring a wrongful death lawsuit. The claim belongs to the deceased person’s estate, and state law establishes a clear hierarchy of succession. The surviving spouse has priority, followed by:
- The children
- The parents
- Any siblings
If none of these relatives exist, the estate’s personal representative can file on behalf of statutory beneficiaries.
The statute of limitations gives you three years from the date of death to file. That sounds like plenty of time, but it isn’t. Witnesses relocate. Memories fade. And trucking companies use every day you wait to build their defense. The families who achieve the best outcomes are usually those who take action within the first few weeks. Contact Giddens Law Firm now.
What Compensation Can Families Recover?
Mississippi allows families to recover both economic and non-economic damages:
- Economic damages cover the tangible financial losses: medical bills from the final injury, funeral and burial expenses, the income your loved one would have earned, and the value of benefits and household services they provided.
- Non-economic damages address what’s harder to quantify, such as the loss of companionship and consortium, the guidance a parent would have given their children, the mental anguish and emotional suffering the death has caused. These damages often exceed the economic losses, especially when the deceased was young or played a central role in the family’s daily life.
Mississippi doesn’t cap wrongful death damages in most cases. What juries award depends on the evidence: the deceased’s age, earning history, health, and the role they played within the family.
How Our Mississippi Fatal Truck Accident Lawyer Proves Fault
Commercial trucking is a $940 billion industry. When a fatal accident occurs, insurers and corporate legal teams mobilize immediately. Their goal isn’t justice; it’s minimizing payouts.
They’ll argue the truck driver wasn’t at fault. We counter by:
- Reconstructing the accident using black box data
- Witness statements
- Independent experts who can establish precisely what happened
They’ll claim the deceased was partially responsible—and under Mississippi’s pure comparative negligence rule (MS Code § 11-7-15), that’s a valid defense. But even if your loved one bore some responsibility, you can still recover damages reduced proportionally by their percentage of fault.
The early settlement offers are another tactic. They come fast, sometimes within weeks, and they’re designed to close the case before families understand what they’re entitled to. We calculate the complete financial and emotional impact before recommending any settlement. And when insurers won’t offer fair compensation, we have the resources to take cases to trial. That reputation influences how seriously they take our clients’ claims from the start.
How Long Will a Wrongful Death Lawsuit Last in Mississippi?
The first phase is investigation, which can last up to eight weeks, depending on the complexity of the accident. We preserve evidence, obtain police reports, secure the truck’s electronic control module data, subpoena driver logs, and conduct interviews with witnesses. When liability is disputed, we bring in accident reconstruction specialists who can provide expert testimony about what happened.
Next comes the formal claim filing and discovery process, which can run anywhere from six months to a year. We file suit, exchange evidence with the defense, take depositions, and gather expert opinions on both liability and damages. This phase is tedious but essential—it’s where we build the foundation that makes fair settlements possible.
Most cases settle during mediation, which usually happens eight to 18 months into the process. We negotiate from a position of strength, backed by thorough preparation and research. When a fair settlement isn’t possible, we present your case to a Mississippi jury. Our trial experience gives us leverage throughout the process, because the other side knows we’re not bluffing.
Families should expect the full process to take 12 to 24 months for a fair resolution. Some cases move more quickly; complex, multi-defendant cases take longer. We’ll provide you with realistic expectations for your specific situation from the outset.
Why You Need to Act Quickly Following a Fatal Truck Accident in Mississippi
After a fatal truck accident, trucking companies deploy rapid-response teams to protect their interests, often before families have learned about the crash. Evidence disappears. Drivers’ logs get “corrected.” Black box data can be overwritten.
At Giddens Law Firm, we’ve handled wrongful death claims across Mississippi—from the I-20 corridor to Highway 61—and we’ve seen how quickly critical evidence vanishes. If you’ve lost a family member in a trucking collision, the clock is already running. Contact our Mississippi truck accident attorneys today to schedule a free consultation.