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Mississippi law

Wrongful Death Laws in Mississippi.

Mississippi's Wrongful Death Act is unusually broad. It permits recovery for pre-death pain and suffering, funeral expenses, loss of society and companionship, and — uniquely — loss of income that the decedent would have earned during their normal life expectancy (not limited to dependents' support). Claims may be brought by the spouse, children, parents, siblings, or, if none exist, personal representative. Distribution follows statutory priority with court approval.

Last verified: 2026-04-17

State law

Statute of Limitations

3 years from date of deathMiss. Code Ann. §§ 11-7-13, 15-1-49

Wrongful death actions must be filed within 3 years of the date of death.

State law

Key Mississippi Statutes

Wrongful Death ActMiss. Code Ann. § 11-7-13

Authorizes wrongful death claims by the surviving spouse, children, parents, siblings, or personal representative. Recoverable damages include pre-death pain and suffering, medical expenses, funeral expenses, loss of society and companionship, and the full value of the decedent's lost income during their normal life expectancy.

Present Value CalculationMississippi common law

Lost-income damages are reduced to present value using judicially accepted discount rates. Expert testimony is typically required.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Mississippi.

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