Attorneys Offering Compassionate Guidance And Skilled Representation After A Loved One’s Death

Last updated on April 29, 2026

Losing a loved one is always devastating. Losing a loved one due to another person’s negligence only compounds the pain by adding the knowledge that your loved one was killed by someone else’s carelessness. If you’ve lost a loved one or family member through a negligence-related incident, a wrongful death case can help you get the justice you deserve and help ensure that no one else is injured or killed in the same way. A wrongful death case won’t negate the pain of losing a family member, but it can help ease the financial burden of unexpected funeral expenses and other costs.

The Mississippi wrongful death attorneys at Kilpatrick & Philley have experience with this realm of law. We know how the system works and can take care of your case, so you don’t have to add even more stress to your everyday life. We offer compassionate legal guidance as well as answers to your questions and concerns. We provide open, one-on-one communication throughout the process as we together work to recover fair compensation on your behalf.

What Is Wrongful Death?

In order for a death to be considered “wrongful” in a legal sense, it must be the result of another person or entity’s negligence.

Wrongful deaths may include those resulting from:

• Auto, truck, bus or motorcycle accidents
• A doctor or nurse who commits medical negligence
• Defective or malfunctioning products
• Serious accidents that occur on the job
• Unsafe conditions on another’s property, including slip-and-fall hazards and related injuries

There are other instances in which a loved one’s death may be considered wrongful. If you believe your loved one was killed because of someone else’s negligence, it’s best to seek the help of an experienced Jackson wrongful death lawyer who can help you navigate the legal process.

The Mississippi Statute Of Limitations For Wrongful Death Lawsuits

Mississippi has a general three-year statute of limitations that applies to wrongful death lawsuits. Survivors usually have three years from the date of a person’s passing to file a wrongful death lawsuit, with some exceptions. The state may toll or delay the beginning of the statutory clock’s countdown if the only party allowed to take legal action is a minor or currently incapacitated.

If the death was the result of an intentional criminal act, the statute of limitations only gives survivors one year to take action. If the wrongful death occurred due to medical malpractice, then the statute of limitations is typically two years from the date of the victim’s death.

Who Receives Compensation Under Mississippi’s Tiered System?

Mississippi’s wrongful death statute has a priority tier system based on the relationship that survivors have to the person who died. The highest priority or primary tier includes the surviving spouse of the decedent and their children.

• If the decedent was married but had no children, the spouse inherits everything. 
• If they had children but no surviving spouse, the children share the proceeds from the lawsuit evenly among themselves. 
• If an individual had a surviving spouse and surviving children, they share lawsuit proceeds equally.

The second tier of beneficiaries includes surviving parents and siblings, including half-siblings and adoptive parents. If there are no beneficiaries who qualify under the first or second tier, then the decedent’s next of kin may be eligible to receive the compensation from the lawsuit.

The Steps Of A Mississippi Wrongful Death Lawsuit

Wrongful death lawsuits take months to prepare for and even longer to negotiate or litigate.

• Filing a claim: A wrongful death lawsuit technically begins with the submission of paperwork to the courts and the service alerting the defendant to the pending legal action. Typically, significant investigation has occurred before this point, ensuring there is a preponderance of evidence supporting the claim.
• Discovery: After the submission of the initial paperwork, the discovery process begins. Each party can potentially request relevant disclosures and evidence from the other to help build their case before trial.
• Negotiation and litigation: Typically, there are settlement negotiations before the trial date. A large percentage of wrongful death lawsuits eventually settle instead of going to trial. 

If the parties settle, the entire process might require only a few months following the formal submission of paperwork to the courts. If the lawsuit goes to trial, the process is likely to take longer than a year.

Frequently Asked Questions About Wrongful Death

We often receive questions from clients and potential clients about how a wrongful death claim works and what families may receive in the process. As every case is unique, we can sit down and review your case to determine your next steps. In the meantime, see some answers to our most frequently asked questions.

Who can file a wrongful death claim?

Under the Mississippi wrongful death statute, relatives and the appointed personal representative of the deceased party’s estate can file a wrongful death claim on behalf of their loved one. Relatives include spouses, children, parents and siblings.

How much is my case worth?

Every case is different, and it is impossible to determine how much your case is worth without first evaluating it. However, we can explain some of the damages that may be available to you. You can recover economic damages, such as compensation for medical expenses, funeral expenses, loss of income and lost property. You may also recover noneconomic damages, which include loss of companionship, emotional distress, and pain and suffering.

Let Our Attorneys Lighten Your Burden In The Wake Of Loss

The wrongful death lawyers at Kilpatrick & Philley can help you fight for justice in the wake of a wrongful death. While it won’t ease the pain of losing your loved one, a fair settlement can lighten the financial burdens that often weigh down family members after an unexpected death, including medical bills and burial costs. To schedule a free consultation, call us at 601-707-4669 or fill out an online contact form.