Wrongful Death Lawsuits in Mississippi
Who can bring a wrongful death claim in Mississippi, the deadline to file, and any limits on damages.
Short answer: Only one suit may be brought for a death, for the benefit of all entitled. It may be filed by the personal representative of the person who died, or by the surviving spouse, a parent, a child, or a brother or sister (for a sibling's death), or all interested parties may join. Miss. Code Ann. § 11-7-13
| Who can sue for wrongful death | Only one suit may be brought for a death, for the benefit of all entitled. It may be filed by the personal representative of the person who died, or by the surviving spouse, a parent, a child, or a brother or sister (for a sibling's death), or all interested parties may join. A claim exists if the person who died left a widow, children, husband, father, mother, sister or brother. The jury may award all damages of every kind to the person who died and to all interested parties. Source: Miss. Code Ann. § 11-7-13 |
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| Wrongful death deadline | The wrongful death statute does not state its own deadline; the general three-year limitation period for actions with no other prescribed period applies to most wrongful death claims. Wrongful death claims arising from medical services fall under the two-year medical malpractice limit. Application of the three-year period to wrongful death is based on court decisions; confirm for a specific case. |
| Damage caps | Yes. In civil actions filed on or after September 1, 2004 (other than medical malpractice), noneconomic damages (pain, suffering, emotional distress, loss of consortium, disfigurement and similar losses) may not exceed $1,000,000. The jury is not told about the cap; the judge reduces any award above it. Economic damages are not capped. |
More Mississippi personal injury & wrongful death
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- Medical Malpractice Rules in Mississippi
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FAQ
Who can file a wrongful death lawsuit in Mississippi?
Only one suit may be brought for a death, for the benefit of all entitled. It may be filed by the personal representative of the person who died, or by the surviving spouse, a parent, a child, or a brother or sister (for a sibling's death), or all interested parties may join. A claim exists if the person who died left a widow, children, husband, father, mother, sister or brother. The jury may award all damages of every kind to the person who died and to all interested parties.
How long do you have to file a wrongful death lawsuit in Mississippi?
The wrongful death statute does not state its own deadline; the general three-year limitation period for actions with no other prescribed period applies to most wrongful death claims. Wrongful death claims arising from medical services fall under the two-year medical malpractice limit.
Does Mississippi cap damages in personal injury cases?
Yes. In civil actions filed on or after September 1, 2004 (other than medical malpractice), noneconomic damages (pain, suffering, emotional distress, loss of consortium, disfigurement and similar losses) may not exceed $1,000,000. The jury is not told about the cap; the judge reduces any award above it. Economic damages are not capped.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.