Wrongful Death Attorney in Jackson

Fighting for Jackson, Mississippi Families Since 1980

When a loved one dies because of someone else’s negligence or wrongful conduct, Mississippi law gives surviving family members the right to pursue a wrongful death claim. At Coxwell & Associates, we’ve been representing families in Jackson, Mississippi, in these cases since 1980, recovering over $300 million for personal injury clients across the state. Our attorneys are recognized by Super Lawyers, the National Trial Lawyers, and the Multi-Million Dollar Advocates Forum. We offer free consultations, including virtual appointments, so you can speak with us without delay.

Under Mississippi Code § 11-7-13, wrongful death is defined as a death caused by a real, wrongful, or negligent act or omission, by unsafe machinery or appliances, or by a breach of warranty of fitness for products intended for human consumption. A surviving spouse, children, parents, and siblings of the deceased, as well as the personal representative of the deceased’s estate, may all be eligible to file. Mississippi law allows only one lawsuit per death, though all eligible parties may join that single case.

Types of Wrongful Death Cases We Handle in Jackson

Mississippi Code § 11-7-13 governs a broad range of fatal incidents under a single wrongful death statute. We handle claims arising from all covered categories.

Wrongful deaths in Mississippi may result from:

• Unsafe appliances or machinery
• Negligent or wrongful acts or omissions
• Defective products
• Dangerous premises
• Medical malpractice
• Motor vehicle accidents
• Intentional acts such as assault or shooting
• Nursing home neglect or abuse

Compensation Available in a Mississippi Wrongful Death Claim

No financial recovery can replace someone you’ve lost. But compensation can help a family manage real economic hardship, especially when the deceased was the primary earner.

Economic Damages

Economic damages have no cap in Mississippi, regardless of how the death occurred. They can include:

• Medical expenses incurred before death
• Funeral and burial costs
• Property damage
• The value of wages and benefits the deceased could reasonably have been expected to earn

To calculate lost wages, courts look at the deceased’s education, income history, and work experience. Damages awarded are first applied to the deceased’s creditors; remaining funds are distributed to heirs in statutory order.

Non-Economic & Punitive Damages

Non-economic damages such as pain and suffering, loss of companionship, and loss of guidance are capped under Miss. Code § 11-1-60. The general cap is $1,000,000. When the death results from medical malpractice, the non-economic damages cap is $500,000. Punitive damages may also be available when the defendant’s conduct was especially reckless or intentional.

How Wrongful Death Compensation Is Distributed in Mississippi

Mississippi law sets a specific order for distributing wrongful death awards among surviving family members.

Distribution follows this statutory order:

• 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 equally between the spouse and the children.
• If there are children but no surviving spouse, the award is divided equally among the children.
• If there is no surviving spouse and no children, the award is divided equally between the parents and siblings of the deceased. Parents and siblings only inherit when no spouse or children survive.

Mississippi Wrongful Death Statute of Limitations

Mississippi law limits the time a family has to file a wrongful death claim. When the death resulted from a negligent act, surviving family members have three years from the date of death to file, under Miss. Code Ann. § 15-1-49. When the death was caused by an intentional act such as assault, the filing deadline is one year from the date of death.

Missing the applicable deadline means permanently losing the right to seek compensation. Cases involving government agencies may also carry shorter notice requirements under the Mississippi Tort Claims Act. Acting quickly can help preserve evidence and support the family’s ability to build a strong claim.

Partial Fault & Mississippi’s Pure Comparative Negligence Rule

Mississippi follows a pure comparative negligence rule in civil cases, including wrongful death claims. Under this rule, a family may still recover compensation even if the deceased was partially responsible for the accident that caused their death. The total award is reduced by the percentage of fault attributed to the deceased. Even if a court finds the deceased 99% at fault, the surviving family may still recover the remaining 1% of damages.

Insurance defense attorneys frequently raise contributory fault arguments to reduce or eliminate a wrongful death award. Families shouldn’t assume that any degree of shared fault disqualifies their claim. Understanding how pure comparative negligence applies to the specific facts of a case is one of the first things we assess when a family comes to us.