Losing someone you love because of another person’s carelessness is a weight no family should have to carry alone. A caring Jackson, MS wrongful death lawyer can shoulder the legal side while you focus on each other.
At Richard Schwartz & Associates, our Mississippi wrongful death attorneys have walked beside grieving families for more than 40 years, and we treat every case as the deeply personal matter it is. A wrongful death claim, a civil case brought when someone dies from a wrongful or negligent act, is never really about a dollar figure.
It is about accountability, and about the resources your family needs to keep moving forward. From your first call, we handle the legal weight with patience and respect, so you can grieve and heal on your own terms. Reach us any time at (601) 800-5559 for a free, no-pressure conversation. One call, that’s all!
Who Can File A Wrongful Death Lawsuit In Mississippi?
Mississippi allows only one wrongful death action, and it is brought on behalf of all statutory beneficiaries. The surviving spouse, children, parents, and siblings share in a single recovery rather than filing separate lawsuits.
This one-suit rule comes from Miss. Code Ann. § 11-7-13, often called the state’s wrongful death statute. A statutory beneficiary is simply a family member the law names as eligible to recover, and the personal representative of the estate may also bring the case for everyone’s benefit.
Mississippi law also sets an order among these family members, so the people closest to the person who died are first in line to recover. If you are unsure where your family fits, we can walk you through it in plain terms.
Because only one action is allowed, it matters that every eligible family member is identified early and that the case is coordinated well. Handled with care, the single-suit rule keeps families united instead of divided.
We help families sort out who is eligible and make certain no one entitled to recover is left out. When relatives are spread across different cities or the family is unsure who should take the lead, we quietly handle those details for you.
How Does A Jackson Wrongful Death Claim Work?
A wrongful death claim moves forward in steps, and you do not have to understand all of them to begin. It starts with a free conversation, followed by an investigation, and it ends with a settlement or, when needed, a trial.
First, we listen to your family and learn what happened. Next, we gather the records, reports, and other proof that show how the death occurred and who was responsible.
From there, we identify every statutory beneficiary, calculate the full scope of the family’s losses, and present the claim to the responsible party or their insurer. Throughout the process, we keep you informed and never pressure you to make a decision before you are ready.
Because Mississippi allows only one action, careful preparation matters from the very start. We treat that responsibility with the seriousness your loved one deserves. You will always know what comes next, and you can lean on us for honest answers whenever you need them.
Wrongful Death vs. A Survival Action: What’s The Difference?
A wrongful death claim compensates the family for their own losses, while a survival action recovers what your loved one could have claimed for the harm they suffered before death. Many families ask about this, and very few pages explain it clearly.
Think of it this way. Wrongful death looks forward to what the family lost, such as support and companionship, while a survival action looks back at what the person endured, including their pain and the medical bills before they passed.
In Mississippi, § 11-7-13 folds much of this together, allowing a single action that can include the decedent’s pain and suffering along with the family’s losses. That combined approach is one reason coordinating the claim early is so important.
Understanding this difference helps families see the full value of a claim, since a case may include both the loss they carry and the suffering their loved one endured. We can explain which damages may apply to your family and how the single Mississippi action ties them together.
What A Mississippi Wrongful Death Claim Can Recover
A Mississippi wrongful death claim can seek both the financial and the human losses a family suffers. The law recognizes that a life cannot be reduced to a number, and it allows recovery for a wide range of harms.
These claims are meant to reflect the reality of what a family loses when a loved one is taken too soon. That includes the paycheck that is gone, the guidance a child will grow up without, and the empty seat at every holiday.
Depending on the case, families may be able to recover:
- Funeral, burial, and final medical expenses
- The income and financial support the person would have provided
- The loss of love, companionship, guidance, and society
- The decedent’s own pain and suffering before death
- Property damage tied to the event that caused the death
For the families we serve, this recovery is never about getting even. It is about justice and the resources needed to rebuild after a devastating loss.
Some of these losses are easy to add up, like funeral bills and lost paychecks, while others, like the absence of a parent at the dinner table, cannot be measured so simply. Mississippi law lets a family seek both kinds, and we make sure neither is overlooked.
Grief, Justice, And What A Claim Really Means
A wrongful death claim can never bring your loved one back, and we would never pretend otherwise. What it can do is hold the responsible party accountable and provide stability so your family is not left carrying the financial fallout alone.
Many families tell us they feel unsure about taking legal action while they are grieving. That is a natural feeling, and there is no wrong time to simply ask questions and learn where you stand.
We move at your pace, with compassion first and paperwork second. Seeking justice is not about money; it is about making sure your family has what it needs to face the days, months, and years ahead. We consider it a privilege to stand with families during such a painful time.
Common Causes Of Fatal Negligence In Jackson
Many wrongful death claims in Jackson grow out of everyday events that turned tragic because someone was careless. On busy roads like Interstate 55 and Interstate 20, and inside homes, workplaces, and hospitals, preventable harm happens far too often.
The cases our team sees most often include:
- Car crashes caused by distracted or reckless driving
- Fatal truck accidents involving large commercial vehicles
- Fatal medical negligence in hospitals and clinics
- Drunk driving collisions that take an innocent life
- Unsafe property conditions and workplace incidents
These cases often involve more than one party, from a driver and a trucking company to a property owner or an employer. We work to identify everyone who shares responsibility so your family’s claim is complete. Sorting out those relationships early can make a real difference in the strength of the case.
Whatever the cause, we focus on the accountability your family deserves and the answers you have every right to expect.
Why Families Across Jackson Turn To Richard Schwartz & Associates
Families across Jackson turn to Richard Schwartz & Associates because we combine deep experience with genuine compassion. Over the years, our firm has recovered more than $1 billion for injured Mississippians and grieving families.
When you call, you can count on our Jackson attorneys for:
- More than 40 years serving Mississippi families
- Offices in Jackson and five other cities across the state
- Phone lines answered 24 hours a day, every day
- Free, private consultations with no obligation
- A contingency-fee approach, so you pay nothing unless we recover for you
From offices in Jackson and across the state, we make it easy to reach a real person at any hour. Families remember how they were treated during the hardest days of their lives, and we take that trust seriously.
You have carried enough already. Call (601) 800-5559 and let us carry the legal weight for you.
FAQs Answered by Our Jackson, MS Wrongful Death Lawyers
Below are answers to questions Jackson families often ask us after losing a loved one.
How long do we have to file a wrongful death claim in Mississippi?
Most Mississippi wrongful death claims must be filed within three years, the general deadline set by Miss. Code Ann. § 15-1-49, though the exact limit can depend on the cause of death. Because deadlines can pass quickly and vary by case, it is wise to ask a lawyer early. Acting sooner also makes it easier to gather records and reach people who remember what happened.
What does it cost to hire a wrongful death lawyer?
We handle wrongful death cases on a contingency-fee basis, which means there is no upfront cost to your family. A fee is owed only if we recover compensation, so you can seek accountability without added financial strain during an already hard time. That way, the size of the responsible party or its insurer is never a reason to stay silent.
Can we still recover if our loved one was partly at fault?
Yes, Mississippi follows a pure comparative negligence rule, so a family may still recover even if the person who died shared some of the blame. The recovery is reduced by their share of fault rather than barred entirely. That means a family should not assume they have no case just because fault seems shared.
Do we need to open an estate to bring a claim?
Not always, because the statute lets certain family members or a personal representative file the action. We can help you decide whether opening an estate makes sense for your situation and guide you through it if it does. If an estate is needed, we handle the filings so it does not become one more burden on your family.
What paperwork do we need to get started?
Helpful documents include the death certificate, any accident or incident reports, and records tied to the event, though you do not need everything before you call. You can request a certified death certificate through the Mississippi State Department of Health, and we can help gather the rest.
How does a civil claim relate to a criminal case?
A criminal case punishes wrongdoing and is handled by prosecutors, while a wrongful death claim is a civil matter that seeks compensation for your family. The two can proceed at the same time, and the Mississippi Judiciary offers general information on how civil cases move through the courts.
How is the recovery divided among family members?
Because Mississippi allows a single action for everyone, any recovery is shared among the statutory beneficiaries according to law rather than paid out in separate cases. When questions come up about how a recovery should be divided, we help the family work toward a fair result and, where needed, involve the court.
Let A Jackson Wrongful Death Lawyer Help Your Family
No family should have to face the loss of a loved one and a legal fight at the same time. A Jackson wrongful death lawyer at Richard Schwartz & Associates will handle the details with care while you focus on healing and remembering.
Our phones are open 24 hours a day, consultations are always free, and you owe nothing unless we recover for you. Call (601) 800-5559 today. One call, that’s all!