Pascagoula Wrongful Death Lawyers

The days and weeks after the death of a loved one can seem endless. Although the world continues to turn, the idea of waking up without your spouse, parent, or child seems impossible. When an investigation shows that someone else’s negligence or recklessness is to blame for the pain you’re in, you may find it even harder to move on. Knowing that your loss was preventable may make it more challenging to move forward with your life.

While no amount of money can ever give you back what you have lost, it is the only way for the court system to compensate surviving loved ones. It may also give you a sense of justice to know that the negligent party is forced to compensate you for what you have lost. If you’re considering a wrongful death claim after the death of a family member, we’re here to help you. Call Reeves & Mestayer at 228-374-5151 to set up a free consultation right away.

Do You Have a Wrongful Death Claim?

A wrongful death claim is, in essence, a personal injury claim. The burden of proof is lower than in a criminal case, but you do still have to provide evidence showing what you have lost and how the other party’s actions are responsible for your losses.

If your family member’s death was caused by another person’s negligence, it’s likely that you have a valid wrongful death claim. Another way to figure this out is to ask: Had my family member survived, would they have been able to bring a personal injury claim against the negligent party for their medical expenses, lost wages, and other costs? If they would have, a wrongful death claim could be your next step.

Legally, wrongful death in Mississippi is one caused by a negligent act, a piece of unsafe machinery, or an unsafe product designed for consumers. Some accidents that may result in wrongful death claims include:

• Car, truck, or motorcycle accidents
• Bike and pedestrian accidents
• Defective products
• Nursing home abuse
• Slip and fall accidents
• Animal attacks
• Medical malpractice
• Certain workplace accidents

Wrongful Death Laws in Mississippi

Mississippi’s wrongful death laws outline who is allowed to bring a claim forward, how long you have to file a claim, and how much you can collect. The people allowed to file a wrongful death claim include:

• The personal representative of the deceased’s estate
• The decedent’s spouse
• Surviving children
• Surviving parents
• Surviving siblings

The statute of limitations for a wrongful death claim in Mississippi is three years from the date of your loved one’s death. As is the case with any law regarding the statute of limitations, there are some exceptions. You shouldn’t wait to file a claim, just in case your case is one with a shortened statute of limitations.

Compensation for a Wrongful Death

The compensation varies quite a bit between cases, so a lot depends on the circumstances of your loved one’s passing. Be wary of any attorney who’s quick to give you a huge, impressive number that your claim is worth—your attorney will need to know the details of your claim before telling you approximately how much it may be worth.

A wrongful death claim can provide compensation for a wide range of losses, including expenses related to:

• Medical expenses of the deceased
• Funeral and burial costs
• Loss of childcare and household assistance, and the cost of hiring help for those tasks
• Pain and suffering
• Loss of companionship
• Mental anguish and trauma
• Loss of quality or enjoyment of life
• Loss of the deceased’s income and expected financial contributions for the rest of their career

Your case may also entitle you to punitive damages, although this is uncommon. Punitive damages are intended to punish the wrongdoer and discourage them and others from engaging in similar behavior in the future. These damages are only awarded for claims that go to court and show gross negligence or malice.

In certain cases, your non-economic damages may be capped. This includes losses like pain and suffering. Economic damages, like medical expenses and lost wages, are not included in this category. For a death caused by medical malpractice, non-economic damages are capped at $500,000. The cap is $1,000,000 for deaths related to defective products or pharmaceutical medications.

How Reeves & Mestayer Can Help

Wrongful death claims are among the most difficult for victims. Not only are our clients grappling with immeasurable grief, but they’re also faced with financial hardships that they never expected. Our goal is to approach every single wrongful death case with the tact, empathy, and patience it deserves. Our clients need all the support they can get as they go through one of the hardest times of their lives.

That doesn’t mean that we go soft on the negligence party. Since our clients have lost so much, they deserve to be made whole in any way possible. While we know that the liable party’s insurance company will likely push back against our claim, deny liability, or try to drive down the cost of the settlement, we are ready to fight aggressively for everything you are owed.

As you adjust to life without your loved one and strive to find a new normal, the last thing you need is incessant calls from insurance companies and the stress those calls bring. While you concentrate on finding joy where you can in your new normal, let us handle your legal needs.

We’ll be with you every step of the way. Through an exhaustive investigation, we’ll learn more about how your loved one’s death occurred, link it to the negligent party’s actions, and calculate the value of your claim. We’ll negotiate on your behalf with the liable party’s insurance provider and fight for a fair settlement. If they refuse to negotiate fairly, we are ready to take your case to court and fight for you there.

Set Up Your Consultation with Our Team Today

Don’t wait any longer to seek justice for your loss. With the help of our team of experienced attorneys, you can concentrate on healing and working through your grief while we address the legal side of your loss. Call us at 228-374-5151 or fill out our contact form to get started.

Frequently Asked Questions About Pascagoula Wrongful Death Claims

What is a wrongful death claim in Pascagoula?

A wrongful death claim is a legal action brought when someone loses their life due to the negligence, recklessness, or intentional misconduct of another party. In Mississippi, this civil lawsuit allows eligible surviving family members to seek financial compensation for their profound losses, aiming to hold the responsible individuals or corporate entities legally accountable for the tragic fatality.

Who is eligible to file a wrongful death lawsuit in Mississippi?

Mississippi law strictly dictates a specific order of priority regarding who can file a wrongful death claim under Mississippi Code § 11-7-13. Typically, designated statutory beneficiaries or personal representatives initiate the lawsuit. Any compensation recovered is then held for the benefit of surviving family members, including the surviving spouse, children, parents, or siblings, depending on familial relationships. 

What types of damages can be recovered in these claims?

Families can pursue various forms of financial compensation, known as damages, following a fatal incident pursuant to Mississippi Code § 11-7-13. These generally include economic losses like medical bills incurred before death, funeral and burial expenses, and lost financial support. Additionally, claimants can seek non-economic damages for the loss of companionship, mental anguish, society, and the pain and suffering experienced by the decedent.

Is there a time limit for filing a wrongful death claim?

Yes, Mississippi imposes a strict deadline, known as the statute of limitations, governed by Mississippi Code § 15-1-49 and related provisions. Generally, surviving family members or personal representatives must file the claim within three years from the exact date of the decedent’s death. Failing to file within this mandatory window typically bars the court from hearing the case permanently. 

How does comparative negligence affect a Pascagoula wrongful death case?

Mississippi follows a pure comparative negligence legal standard under Mississippi Code § 11-7-15. If the decedent shared a percentage of fault for the accident that caused their fatal injuries, any financial recovery awarded to the family is reduced by that exact fault percentage. However, surviving family members can still recover a portion of damages even if the deceased person was mostly responsible. 

What common incidents lead to wrongful death claims locally?

Wrongful death claims arise from numerous catastrophic incidents. Frequent causes include severe automobile, commercial truck, and motorcycle collisions on local roads, fatal workplace accidents in industrial or maritime settings, defective medical devices, medical malpractice errors, dangerous property conditions, and intentional criminal acts. Each scenario requires a thorough investigation to establish liability against the responsible parties.

Do I need a lawyer to handle a wrongful death claim?

While hiring an attorney is not legally mandatory, navigating a wrongful death claim without professional legal representation is extremely difficult. Experienced lawyers understand intricate state laws, manage complex insurance company negotiations, gather critical evidence, consult qualified expert witnesses, and ensure all court deadlines are meticulously met to protect your family’s rights.

How much does it cost to hire a wrongful death attorney?

Most personal injury and wrongful death attorneys operate on a contingency fee agreement. This means families do not pay any upfront hourly fees or out-of-pocket costs to retain legal counsel. Instead, the attorney receives an agreed-upon percentage of the final financial recovery obtained through a successful settlement or court verdict achieved for the grieving family.

What evidence is necessary to prove a wrongful death claim?

Proving a wrongful death claim requires compelling evidence establishing negligence and causation. Essential evidence often includes official police or accident reports, medical examiner and autopsy records, expert witness testimony from accident reconstructionists or medical professionals, photographic evidence from the scene, surveillance footage, maintenance records, and detailed eyewitness accounts detailing the fatal events.

How long does it take to resolve a wrongful death case?

The duration of a wrongful death lawsuit varies significantly based on individual circumstances, such as liability disputes, insurance cooperation, and court schedules. Some cases resolve relatively quickly through favorable out-of-court settlement negotiations, while others require extensive litigation, discovery, and trial proceedings, which can easily extend the legal process over several months or even years.

Can a wrongful death claim be filed after a criminal case?

Yes, a civil wrongful death claim is entirely separate from any criminal prosecution. Even if a criminal court acquits the defendant or if prosecutors choose not to file criminal charges, surviving family members can still pursue a civil lawsuit. The civil justice system operates under a lower burden of proof than the criminal justice system requires.

What should I do first if I lost a loved one?

If you recently lost a family member due to negligence, your immediate priority should be securing your emotional well-being and arranging final services. Shortly thereafter, consult with a qualified local wrongful death attorney as soon as possible. Prompt legal consultation ensures vital evidence is preserved immediately, protecting your family’s legal options and preventing crucial deadlines from expiring.

Last Updated: September 2026