Mississippi Wrongful Death Lawyers

Fighting For Those Who Have Lost a Loved One Due to Negligence

Losing a loved one is an emotionally devastating time in life. If the death was caused by the negligence or carelessness of another, the grieving process can be even more difficult to bear.

Your loved one deserves justice, but reaching that goal takes time, effort, and a knowledge of wrongful death law. Let the attorneys at Stroud, Flechas & Dalton walk you through the process and fight for the compensation you deserve, allowing you to focus on grieving and recovering from your loss.

Call us today at (662) 371-6580 or contact us online to schedule a consultation with our wrongful death lawyer in Mississippi.

Mississippi Wrongful Death Laws

The Mississippi Wrongful Death Statute (Miss. Code Ann. § 11-7-13) allows the family and statutory beneficiaries of the deceased to recover monetary damages against the party responsible for causing the death of their loved one. Since the party(s) bringing the wrongful death claim ultimately stand in the shoes of the decedent, if it is determined at trial that the decedent contributed to his/her own death, the recovery may be reduced by the percentage of fault assigned to the decedent for bringing about his/her own death.

Unlike other areas of the law, the Mississippi wrongful death statute makes no distinction between the rights of whole and half-blood relatives. In other words, half-blood relatives are entitled to the same share of wrongful death benefits as any of the decedent’s full-blooded relatives.

Mississippi Supreme Court in Jones v. Shaffer

What is the value of a human life? In short, determining the value of a wrongful death lawsuit can be very difficult. In an attempt to balance the fact that every human life is priceless with the fact that a price must ultimately be placed on the loss of life, the amount of jury awards are often very different depending on the particular facts and circumstances of the case.

In an attempt to provide some guidance to jurors, the Mississippi Supreme Court in Jones v. Shaffer, 573 So.2d 740, 743 (Miss. 1990) held that the elements of damage for a wrongful death claim may include:

1. The expenses of last illness
2. Any conscious pain and suffering of the deceased
3. Funeral expenses
4. The present net cash value of the deceased’s work life expectancy
5. The loss of society and companionship of the deceased, although not “grief” as such
6. Punitive damages, upon proof of gross negligence or willful misconduct.

If you or friend have recently lost a loved one due to the negligence of another, it is imperative that you seek out a competent attorney to assist you with your claim. Contact the experienced Mississippi wrongful death attorneys at Stroud, Flechas & Dalton today for guidance in this very difficult time.

For more information on local wrongful death law, visit our DeSoto County, Hernando, Olive Branch, Southaven, Tunica, and Memphis, Tennessee pages.

The Process of Pursuing a Wrongful Death Claim

The path to a wrongful death recovery involves several distinct steps under Mississippi law. After identifying eligible claimants, families must typically investigate the circumstances, gather supporting evidence, and, if necessary, provide notice to potential defendants. Most cases begin with a thorough review of the facts by an attorney, who can help clarify timelines, standards for evidence, and any local court requirements unique to Mississippi counties.

The process often includes:

• Investigation: Collecting police reports, medical records, photographs, and witness statements relevant to the incident.
• Filing: Drafting and submitting the complaint in the appropriate Mississippi circuit or chancery court.
• Discovery: Exchanging evidence and clarifying facts with the defendant, which may include depositions and document requests.
• Negotiation: Pursuing possible settlements through mediation or informal talks. Mississippi courts frequently encourage resolution before trial.
• Trial: If settlement is not reached, the claim proceeds to a trial, where a judge or jury hears evidence and issues a verdict.

Families in Mississippi must consider deadlines, including the statute of limitations and any local requirements for notice or service of process. Cases vary in length and complexity, but clear communication and prompt action help maintain momentum, reduce stress, and position the claim for the best possible resolution under Mississippi law.

FAQs About Wrongful Death

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

Most wrongful death claims in Mississippi must be filed within three years of the date of death. If the claim involves medical malpractice, the deadline is generally two years. Filing on time ensures your claim remains valid.

What damages can family members recover in a wrongful death case?

Family members may recover damages for lost income, medical and funeral expenses, loss of companionship, and in certain cases, punitive damages. The exact amount depends on the facts, evidence, and applicable laws.

Can multiple family members join one wrongful death lawsuit?

Yes, eligible relatives such as a spouse, children, parents, or siblings can join together in a single wrongful death lawsuit. The court will allocate any recovery according to Mississippi law, considering each person’s legal rights and relationship to the deceased.

Families may recover a combination of these damages based on the facts of the case and the evidence presented. Mississippi courts often consider not just economic losses, but also the powerful emotional impact of losing a loved one. Punitive damages may apply in cases where the wrongful party's behavior was particularly reckless, sending a message about community safety that extends across the state.

Contact Our Mississippi Wrongful Death Lawyer Today

If you have lost a loved one because of another person’s negligence or wrongdoing, our compassionate Mississippi wrongful death lawyers are here to support you during this difficult time. We are committed to seeking justice for your family and holding responsible parties accountable, while pursuing the settlement you need to ease financial burdens. Contact us today for a consultation and let us help you take the next step toward closure and healing.

Contact us today to get started with our Mississippi wrongful death attorney.