Written by the Mama Justice legal team.
Legally reviewed by Missy Wigginton, Founding Attorney (“Mama Justice”).
Last reviewed: September 11, 2026.
Has your family member died as a result of a wrongful death accident? If so, contact our Tupelo wrongful death lawyers at Mama Justice today. We can help you.
People lose their lives every day in accidents caused by the negligent actions of others. According to the CDC, accidents remain one of the leading causes of death in the United States. These accidents often have a damaging impact on families who are forced to deal with the sudden and unexpected loss of a loved one. Not only do families across Tupelo have to deal with the negative mental and emotional impacts these accidents cause but they often face towering financial burdens as well.
If you have lost a loved one due to the negligent, reckless, or malicious actions of another person, our Tupelo personal injury lawyers at Mama Justice can help you get justice. Our lawyers truly understand that there is nothing more difficult than the loss of a loved one. Chances are, you have a lot of questions about what you can do next. Our lawyers will advocate on your behalf and stand by your side every step of the way while protecting your legal rights.
Over the years, we have provided responsive and aggressive representation for families in Tupelo and across Mississippi who have lost loved ones in various types of accidents. Our lawyers have a proven track record of helping families recover full and timely compensation from at-fault parties.
Our Tupelo wrongful death lawyers will help you and your family get the justice you deserve after losing a loved one. Contact our Mississippi law firm today to schedule a free case review to discuss the legal options available for you.
What is a Wrongful Death?
When a Tupelo family loses a loved one to someone else’s negligence, Mississippi law lets certain family members bring a wrongful death claim (Miss. Code Ann. § 11-7-13). You generally have three years to file. A Tupelo wrongful death lawyer at Mama Justice can pursue compensation for funeral costs, lost support, and your family’s loss. Call 24/7 for a free, compassionate consultation.
When a person is injured in an accident in Mississippi, laws allow them to file a legal claim, or a personal injury case, against the negligent party. These claims are designed to provide victims with compensation for various damages they endure. When victims pass away from their injuries, this legal ability is passed on to family members and other eligible parties. Instead of filing a personal injury claim, surviving relatives are able to file a wrongful death claim to hold negligent parties to account for their actions.
These lawsuits allow families and other bereaved parties to recover compensation for various damages after enduring an unexpected loss. These claims are generally filed by parties who have lost loved ones due to the reckless, negligent, or malicious actions of another person.
Miss. Code Ann. § 11-7-13 defines wrongful death as a death that is caused by:
- Any wrongful, real, or negligent act or omission.
- The breach of a warranty or the fitness of any item that is intended for use or consumption by humans.
- Any unsafe machinery, appliances, or ways.
In order to pursue a wrongful death action, you must be entitled to do so. Our state provides various parties with the legal ability to file a claim against the negligent party. Entitled parties include:
- The surviving spouse of the deceased victim.
- Any surviving parents or children of the deceased victim.
- The deceased victim’s surviving siblings.
- Any other person who has been designated to represent the estate of the deceased party.
Claims surrounding wrongful deaths are most often attributed to motor vehicle accidents, medications, defective products, and any action or inaction of a third party that led to someone losing their life. It is crucial that you understand the applicable statutes of limitations associated with wrongful death and the process of pursuing legal actions.
In general, cases surrounding a wrongful death are guided by either of two statutes of limitations. These include:
- One-year limit: A claim surrounding a death resulting from the intentional acts of another party must be filed within one year of the date of death.
- Three-year limit: Deaths resulting from another person’s negligence must be filed within a three-year period from the date of death.
Our experienced and skilled Tupelo wrongful death lawyers will help you protect your legal rights and best interests after losing a loved one.
Who Can File a Wrongful Death Claim in Mississippi?
Mississippi law (Miss. Code Ann. § 11-7-13) lets a specific group of people bring a wrongful death claim after a loved one is lost to negligence. That generally includes:
- The surviving spouse
- The children of the person who died
- The parents of the person who died
- The siblings of the person who died
- The personal representative of the estate, on behalf of all who qualify
Mississippi allows only one wrongful death action for a single death, and any money recovered is shared among the family members the law recognizes. Because more than one relative may have a right to file, it helps to have a Tupelo wrongful death lawyer coordinate the claim so the family stays united and nothing gets missed. We can walk you through exactly where your family fits.
How Long Do You Have to File a Wrongful Death Claim in Tupelo?
In most cases, the deadline depends on what caused the death. When the death resulted from someone’s negligence, like a car crash or unsafe property, you generally have three years from the date of death to file (Miss. Code Ann. § 15-1-49). When the death resulted from an intentional act, the deadline is usually much shorter, often one year. Some claims, such as those against a government body, have their own short notice deadlines.
We know that legal deadlines are the last thing on your mind after a loss, and there is no rush to decide anything today. But evidence fades and deadlines are strict, so it is worth a short, no-pressure call with a Tupelo wrongful death attorney to make sure your family’s rights are protected. Deadlines vary by the facts, so please confirm yours with an attorney.
Schedule a free initial consultation with Mama Justice today by dialing (833) 626-2587. Our wrongful death lawyers in Tupelo are here to support and guide you through this difficult process
What Types of Wrongful Death Claims Do We Handle in Tupelo?
At Mama Justice, our wrongful death lawyers in Tupelo have decades of experience representing bereaved families who have lost loved ones due to various types of accidents. Although no two accidents are the same, there are various accidents that continue to negatively impact families daily across our state. Many wrongful death cases begin as fatal car accidents. Crashes with large trucks are often deadly, and too many families lose someone to a drunk driver. Some of the most common causes of wrongful deaths in Tupelo include:
The unfortunate truth is that wrongful death accidents can take place for a variety of reasons. At Mama Justice, we will help you analyze the circumstances surrounding your loved one’s death to determine all of the factors leading to the incident. Some common scenarios surrounding these incidents include:
- Car accidents that involve a drunk or impaired driver (contact a Tupelo drunk driving accident lawyer for legal guidance).
- Semi-truck crashes resulting from drowsy drivers staying on the road longer than they are supposed to.
- Slip and fall accidents caused by property owners who fail to tend to a slippery or damaged floor surface.
- Drowning incidents caused by inadequate security measures.
- Workplace deaths resulting from improper training techniques.
- A construction site accident caused by the careless actions of a supervisor or a subcontractor.
- Fires caused by faulty electrical wiring.
- Explosions caused by defective products.
- Pedestrian crashes caused by drivers who are distracted by their cell phones.
- Doctors who fail to provide patients with proper medical care.
- Not being provided medication while in a nursing home facility.
- Someone being fatally wounded by gunfire at a club due to inadequate security measures.
- A vicious dog attack due to an owner failing to maintain control over their animal.
There are numerous ways people lose their lives in accidents that are caused by the careless, reckless, or negligent actions of one or more people. If your loved one lost their life in an accident, you may have legal options available to help you recover.
In most instances, accidents can be contributed to some form of negligence. Our Tupelo wrongful death lawyers will go to the scene of the accident to gather evidence and build the strongest case possible for your family.
What Damages Can Your Family Recover in a Tupelo Wrongful Death Claim?
When victims lose their lives in accidents, entitled parties are able to pursue wrongful death claims to recover compensation for various damages they face. Our Tupelo wrongful death lawyers at Mama Justice are committed to helping each person we work with maximize their recoveries.
Although there is no way to predict the amount of compensation you can recover for your claim, it is important to understand that various factors are taken into consideration in determining the value of your case. In general, claimants are entitled to recover compensation for economic damages and non-economic damages.
Some of the economic damages that claimants are able to recover include compensation for:
- Funeral expenses
- Burial expenses
- Lost earning capacity
- The loss of inheritance
- The loss of support
- Medical costs for the decedent between the time of their accident and the time of their passing
- Property damage
These damages are often calculated from receipts, medical bills, property damage repair statements, and various other types of evidence. Our Tupelo wrongful death lawyers work with financial experts who can accurately calculate lost earnings and benefits based on various factors to ensure your family recovers the maximum amount of compensation available to help your family move forward through the grieving process and beyond.
In addition to economic damages, our law firm will help you get compensation for various non-economic damages you face. These damages include compensation for:
- Pain and suffering
- Emotional distress
- Loss of companionship
- Loss of parental guidance
- Loss of consortium
In some instances, Mississippi wrongful death claimants may be entitled to compensation for punitive damages as well. In order to recover punitive damages, you must be able to clearly demonstrate that your loved one has lost their life due to the willful, wanton, or reckless disregard for the safety and well being of others expressed by the defendant or an instance of fraud.
Once a court determines that the claimant is entitled to compensatory damages, they will determine whether the evidence provided is enough to meet the burden to consider punitive damages as well.
The type and amount of damages that you are able to recover for your claim will depend on the circumstances surrounding your loved one’s accident. Speaking with our Tupelo wrongful death lawyers at Mama Justice will help you determine what type of outcome you can expect for your claim.
What Should You Expect When Filing a Wrongful Death Claim?
The process of filing a wrongful death claim can be quite lengthy. It is very important that you do not expect a quick ending to your case. Depending on the circumstances surrounding your loved one’s death, the entire process can last several years.
After an initial consultation, our lawyers will get to work immediately on building your claim. We will reach out to doctors, law enforcement, medical examiners, and various other parties who can provide evidence and information surrounding the death. We will gather records that show how your loved one ultimately lost their life and all of the contributing factors.
Once we gather ample evidence and file the petition in court, we will request evidence and information from the defendant. We will then review the evidence and information to build a strong case and gain the best position possible for negotiations. We will meet with the defendant, their attorney, and applicable insurance companies to make a demand for financial compensation and present evidence as to why you deserve the full and fair amount demanded.
If we are not able to come to a settlement agreement, our lawyers will provide skilled and fearless representation in trial to ensure you are able to obtain the outcome you expect for your legal claim. Once the case is concluded in court, the judge or jury will issue their verdict. If you prevail, we will move forward in demonstrating the amount of compensation you deserve.
Although you can pursue a wrongful death claim alone, you can benefit greatly by working with our lawyers at Mama Justice. We work on a contingency basis so you will never have to pay us a dime until we win.
What Should You Do After Losing a Loved One in an Accident?
There is no right way to grieve, and nothing here needs to happen today. When your family is ready, these steps can help protect a possible claim.
- Keep any records that come to you. The accident or police report, medical bills, and the death certificate can all matter later.
- Hold on to belongings from the accident. A damaged vehicle or piece of equipment can be important evidence, so try not to repair or discard it.
- Be careful with the insurance company. An adjuster may reach out quickly with a low offer. You do not have to give a recorded statement or accept anything.
- Talk to a lawyer before signing anything. A free consultation can tell you whether your family has a claim, with no obligation and no fee unless we win.
Frequently Asked Questions About Wrongful Death Claims in Tupelo, MS
What is a wrongful death claim in Mississippi?
A wrongful death claim is a civil case brought by a family after a loved one dies because of someone else’s wrongful, negligent, or reckless act (Miss. Code Ann. § 11-7-13). It is separate from any criminal case, and it seeks money for the family’s losses, such as funeral costs, lost financial support, and the loss of the person’s love and companionship.
Who can file a wrongful death claim in Mississippi?
Mississippi law allows the surviving spouse, the children, the parents, or the siblings of the person who died, or the personal representative of their estate, to bring the claim. Only one wrongful death action is allowed for a single death, and any recovery is shared among the family members the law recognizes. A lawyer can help coordinate it so the whole family is protected.
How long do you have to file a wrongful death claim in Mississippi?
It depends on the cause of death. When the death resulted from negligence, you generally have three years from the date of death to file. When it resulted from an intentional act, the deadline is usually about one year. Claims against a government body can have much shorter notice deadlines, so confirm your deadline with a Tupelo wrongful death attorney as soon as you are able.
What damages can your family recover in a wrongful death case?
Your family may recover economic damages like funeral and burial costs, medical bills before death, lost income, and lost inheritance, along with non-economic damages like the loss of your loved one’s companionship, guidance, and support. In cases of especially reckless or intentional conduct, punitive damages may also be available. Past results do not guarantee future outcomes.
What is the difference between a wrongful death claim and a criminal case?
A criminal case is brought by the state to punish the person responsible, and it can lead to jail or fines but does not pay your family. A wrongful death claim is a separate civil case that your family brings to recover money for your losses. You can pursue a civil claim whether or not anyone is charged or convicted of a crime.
How long does a wrongful death case take?
Every case is different. A clear case can sometimes settle in months, while a case that involves serious disputes or goes toward trial can take a year or more. We move as efficiently as we can while making sure your family’s losses are fully valued. We will give you a realistic timeline once we understand what happened.
How much does a wrongful death lawyer cost in Tupelo?
At Mama Justice, you pay nothing up front. We work on a contingency fee, which means our fee comes out of the recovery only if we win your case. If we do not win, you do not owe us a fee. Your first consultation is always free, and there is no pressure.
Do you have to go to court for a wrongful death claim?
Not always. Many wrongful death claims settle through negotiation without a trial. If the insurance company will not offer a fair amount, we are fully prepared to take your case to court, but we know that a faster, fair resolution is often what grieving families need most.
Mama Justice is Here to Help Your Family Recover
Losing a loved one is by far one of the most difficult things anyone will ever have to deal with. If your loved one has lost their life due to the actions of another person, you do not have to move forward alone. Our Mississippi wrongful death lawyers at Mama Justice will help you protect your legal rights and get justice.
Our lawyers are committed to treating every client we work with like family. We understand that the majority of people we work with have never been involved in civil litigation before. For this reason, we help our clients understand what is taking place every step of the way. We fight diligently to help our clients achieve the outcome they expect for their legal claims while empowering each family we work with to take control of their situation at the same time. Although there is no amount of compensation that can ever take the place of those taken away far too soon, our lawyers can help you get your questions answered and cover the financial burdens you face.
Our Tupelo wrongful death lawyers will remain by your side every step of the way and we advocate to make sure your best interests are protected. We are available to take your call and answer questions about your case and what you can expect moving forward.
Our lawyers at Mama Justice provide knowledgeable and fearless representation for families in Tupelo and throughout the entire state who have lost loved ones in accidents. We offer free, no-obligation consultations in Tupelo or any of our thirteen offices across Mississippi. Contact our Tupelo personal injury law firm today by calling (833) 626-2587.
Call (833) 626-2587 whenever you are ready to talk about what happened with our Tupelo wrongful death lawyers.
