Compassionate Biloxi Wrongful Death Lawyers Fighting for Your Family

What Legally Qualifies as a Wrongful Death in Mississippi?

When someone loses their life because of another person’s carelessness, Mississippi law provides a clear legal remedy: a wrongful death lawsuit. In Biloxi and across Harrison County, these tragic cases often stem from preventable car crashes, surgical mistakes, nursing home neglect, or industrial safety violations. The legal goal is not just compensation—it’s accountability.

According to Mississippi Code § 11-7-13, a wrongful death claim can be filed when a person dies due to the “wrongful, negligent, or intentional act” of another party. This includes individuals, businesses, healthcare providers, and government entities. However, navigating this statute can be complex. That’s why our Biloxi wrongful death attorneys offer personalized guidance for every family.

We help you understand how your loss fits within Mississippi law—and how to hold the responsible party fully accountable.

Negligence Is the Foundation of a Wrongful Death Lawsuit

Wrongful death cases are built on the legal theory of negligence. To succeed in a claim, your attorney must prove that the at-fault party had a duty of care, breached that duty, and directly caused your loved one’s death. These claims are fact-intensive and emotionally charged, requiring swift legal action and careful documentation.

What Does Negligence Look Like in Biloxi Wrongful Death Claims?

Negligence can take many forms—each deadly in its own way. For instance:

• A distracted driver crashing into a family vehicle at the I-110/Beach Boulevard interchange
• A nurse administering the wrong medication at Merit Health Biloxi
• A construction contractor ignoring OSHA safety rules during a high-rise project near Point Cadet
• A casino failing to provide adequate security, resulting in violent assault

Each of these examples represents more than just a tragic outcome—they reflect avoidable, life-ending mistakes. Medical errors alone are shockingly common. A study from Johns Hopkins Medicine found that medical mistakes may be the third leading cause of death in the United States. Yet, too many families never realize they have legal options.

Our wrongful death lawyers in Biloxi work with medical specialists, traffic engineers, and private investigators to uncover the truth behind your loss and prove the negligence that caused it.

Wrongful Death vs. Criminal Charges: Understanding the Difference

Many grieving families ask: “If the at-fault party was arrested, can we still file a lawsuit?” The answer is yes. Wrongful death lawsuits are filed in civil court, independent of any criminal proceedings. While criminal charges focus on punishment, a civil claim seeks financial restitution for the family.

Can You Sue Even if Criminal Charges Are Pending?

Absolutely. Civil cases often run parallel to criminal ones. Even if the defendant is acquitted or never charged, the civil burden of proof—“preponderance of the evidence”—is lower than the criminal standard of “beyond a reasonable doubt.” As a result, civil suits can succeed even when prosecutors don’t file charges.

Our Biloxi legal team tracks both processes to ensure your rights are protected on every front.

For example, if a drunk driver is convicted of manslaughter, we immediately begin preparing a civil claim to seek damages from the driver’s insurance carrier, employer (if applicable), and other liable parties.

Real Tragedies, Real Accountability

Behind every wrongful death claim is a shattered family—and a story that must be told. These aren’t just legal files. They are legacies. That’s why we build every claim with precision, compassion, and purpose. Our attorneys investigate each case as if it were our own loved one.

Examples of Fatal Accidents in Biloxi and Surrounding Areas

We’ve supported families across Biloxi and the Gulf Coast after preventable losses such as:

• A pedestrian killed at Caillavet Street and Esters Boulevard by a distracted rideshare driver
• A fatal fall from scaffolding at a casino hotel renovation site near Back Bay
• A mother who passed after delayed cancer diagnosis at a local urgent care clinic
• A teen struck and killed while biking home from school on Pass Road

Each of these lives ended due to someone else’s mistake—and each family deserved answers. Our role as fatal accident attorneys in Biloxi is to uncover every layer of liability and pursue full justice, both in and out of court.

We combine aggressive legal strategy with human-centered advocacy, because we know what’s truly at stake: your future, your healing, and your right to be heard.

Who Has the Legal Right to File a Wrongful Death Claim in Mississippi?

In the wake of a sudden, preventable death, one of the first legal questions families face is: Who has the right to file a wrongful death lawsuit? Mississippi law provides specific rules on this, and failing to follow them correctly could delay or derail your case.

Under Miss. Code § 11-7-13, certain individuals are granted the legal authority to bring a claim on behalf of the deceased. As experienced Biloxi wrongful death attorneys, we guide families through this critical process and ensure that the right person—or group—is representing the interests of the loved one who passed.

This isn’t just a formality. Establishing legal standing is essential to building a valid, persuasive case in civil court.

Primary Parties Eligible to File a Wrongful Death Lawsuit

Mississippi law allows specific relatives or representatives to pursue a wrongful death claim. These individuals may file individually or jointly, depending on family structure and estate planning.

Who Can Legally File in Mississippi?

According to the statute, the following parties may bring a claim:

• The surviving spouse of the deceased
• The deceased person’s children, including legally adopted children
• The parents of the deceased, if no spouse or children exist
• The personal representative (executor) of the deceased’s estate

This hierarchy is legally significant. When multiple qualifying parties exist—such as a spouse and adult children—they may file a joint lawsuit or coordinate representation through a personal representative. If no one qualifies, the probate court may appoint someone to act on behalf of the estate.

Understanding these legal tiers is vital. Our wrongful death attorneys serving Biloxi ensure that all eligible family members are included in the case and that your rights are protected throughout the claims process.

Learn more about how personal representatives operate through this guide from the Mississippi Bar Association.

What Happens in Complex or Blended Family Situations?

Modern families often include stepchildren, half-siblings, former spouses, or legal guardians. These relationships can complicate a wrongful death claim—but they don’t make justice impossible.

Do Stepchildren Have Rights in a Mississippi Wrongful Death Case?

Only if they were legally adopted. Mississippi courts typically do not allow stepchildren who were not adopted to file a claim, even if they had a close personal bond with the deceased. That said, the appointed personal representative may still include their loss in a broader claim, depending on estate planning documents and case specifics.

What If There’s a Dispute Among Family Members?

Sadly, some families face internal conflict during these difficult moments. When multiple eligible parties disagree on how to proceed, the court may appoint a neutral administrator or allow individual claims to move forward. We often serve as legal counsel in these sensitive matters, helping families navigate emotional dynamics while pursuing unified legal action.

The National Center for State Courts emphasizes the importance of resolving family disputes early in probate and civil proceedings, especially in high-stakes cases like wrongful death.

The Role of the Estate’s Personal Representative

When no eligible family member is available—or when the deceased had a valid will naming an executor—the personal representative steps in to file the claim. This representative can be a family member, attorney, or other trusted party appointed by the court.

What Does a Personal Representative Do in Wrongful Death Litigation?

The personal representative manages the legal and financial affairs of the deceased. In a wrongful death case, they are responsible for:

• Filing the initial complaint in civil court
• Coordinating with attorneys and expert witnesses
• Managing settlement funds or litigation proceeds
• Distributing compensation per state law or the will

At Germany Law Firm, PLLC, we frequently work with estate representatives and probate counsel across Harrison County. Whether the claim involves auto insurance, employer liability, or medical malpractice, we ensure every procedural detail is handled with care and compliance.

Not Sure If You Qualify? We Can Help You Find Out

If you’re unsure whether you can file—or concerned about family dynamics—don’t wait to get clarity. Our wrongful death lawyers in Biloxi offer free, confidential consultations to evaluate your rights and explain your options.

Establishing your legal standing early on allows us to begin gathering time-sensitive evidence, notifying insurers, and protecting your family’s right to compensation.

What Are the Most Common Causes of Wrongful Death in Biloxi?

Every wrongful death case begins with one shared truth—someone failed to act responsibly. In Biloxi, that failure can happen in a split second on Highway 90 or after years of medical oversight in a local clinic. While every case is unique, patterns emerge. Our Biloxi wrongful death attorneys have identified the leading causes that repeatedly take lives across Harrison County and the Mississippi Gulf Coast.

Understanding these causes not only helps families build strong legal claims, but also supports community awareness and prevention.

Fatal Car and Truck Accidents on the Mississippi Gulf Coast

Mississippi has one of the highest traffic fatality rates in the country. According to the Mississippi Department of Transportation, speeding, alcohol, and distracted driving are among the top causes of deadly crashes.

Common Scenarios Leading to Wrongful Death in Vehicle Crashes

• A distracted driver rear-ends a family at a red light near Edgewater Mall
• A fatigued truck driver veers into oncoming traffic on I-10 near D’Iberville
• A rideshare driver fails to yield near the Biloxi Visitors Center, killing a pedestrian
• A speeding motorcyclist is struck by an SUV that changed lanes without signaling

In each case, the negligent driver can be held liable. When commercial vehicles are involved, we often pursue claims against the company for negligent hiring, training, or maintenance practices.

Medical Malpractice and Hospital Negligence

Patients place enormous trust in their healthcare providers. But when that trust is broken, the consequences are devastating. A study from BMJ (British Medical Journal) ranks medical errors among the top causes of death in the United States—just behind heart disease and cancer.

Examples of Wrongful Death Caused by Medical Negligence in Biloxi

• A misdiagnosed stroke at an urgent care center leads to fatal brain damage
• A medication dosage error at Merit Health Biloxi causes cardiac arrest
• A delayed cancer diagnosis results in untreated, terminal illness
• A surgical sponge left inside a patient leads to septic shock and death

Our fatal medical negligence lawyers work with independent specialists to review records, challenge hospitals, and pursue full accountability for the harm caused.

Workplace and Construction Site Fatalities

Biloxi’s active economy—driven by tourism, maritime, and construction industries—puts thousands of workers at daily risk. Unfortunately, some employers cut corners or ignore basic safety laws, often with fatal results.

When Employers Are Liable for a Wrongful Death

We’ve handled wrongful death claims stemming from:

• Lack of fall protection on high-rise casino projects near Back Bay
• Exposure to toxic fumes on commercial fishing vessels in the Biloxi port
• Crane or heavy equipment failure on active construction sites
• Failure to provide training on electrical safety or hazardous materials

In many of these cases, OSHA investigations confirm violations. We work alongside these regulators and use their findings to support our claims.

Explore federal data: OSHA Fatality Statistics

Pedestrian and Bicycle Fatalities

Biloxi’s coastal charm makes it ideal for walking and biking—but these same roads can be deadly when drivers aren’t paying attention. Narrow shoulders, limited lighting, and distracted drivers create dangerous conditions for non-motorists.

Where These Tragedies Happen Most Often in Biloxi

• Along Beach Boulevard during high-traffic tourist seasons
• Near Biloxi High School during early morning or evening hours
• Around popular areas like the Biloxi Bay Bridge, where pedestrians cross at night
• In casino parking areas, where speeding and lack of visibility are common

Drivers often claim they “didn’t see” the pedestrian or cyclist. But that doesn’t excuse negligence—and it doesn’t ease the pain of loss. We ensure these stories are told in full detail and fought for in court.

Intentional Acts and Violent Crimes

Not every wrongful death involves an accident. Some result from deliberate actions like assault, robbery, or drunk driving. Even if criminal charges are filed, families can still pursue compensation through civil court.

Holding Individuals Financially Responsible for Criminal Negligence

We have represented families in cases involving:

• Fatal stabbings and shootings where negligent security was a factor
• Hit-and-run collisions involving impaired drivers
• Domestic violence incidents where law enforcement failed to act on prior reports

Civil claims often provide the only financial justice available to survivors. Even when criminal defendants have no assets, claims may be filed against third parties—like bar owners, property managers, or rideshare companies—for negligent supervision or failure to prevent foreseeable harm.

No Matter the Cause, Your Family Deserves Accountability

Every wrongful death case we handle begins with a careful investigation. Our fatal accident lawyers in Biloxi gather crash reports, medical records, OSHA findings, and witness statements. We reconstruct the events that led to your loss and uncover every layer of negligence—so the responsible parties can’t hide behind excuses.

These aren’t just legal claims—they’re lasting legacies for the people you loved most.

Frequently Asked Questions About Wrongful Death Cases in Biloxi

Wrongful death lawsuits often raise complicated and emotional questions. Families need clarity during this difficult time. Below are answers to the most common and important questions our Biloxi wrongful death attorneys receive from clients across the Mississippi Gulf Coast.

How Long Do I Have To File A Wrongful Death Lawsuit In Mississippi?

Mississippi has a strict three-year statute of limitations for most wrongful death claims involving negligence, such as car accidents or medical malpractice. If the death was caused by an intentional act (like an assault), the window may be shorter—only one year in some cases.

It’s critical to act early. Waiting too long can make evidence harder to gather and your legal options more limited. We recommend contacting an attorney as soon as you suspect the death was avoidable.

Can Multiple Family Members File A Wrongful Death Claim Together?

Yes. If several family members qualify under Mississippi law, they may file a joint claim or work together through a personal representative. This includes surviving spouses, children, and parents of the deceased.

We often coordinate joint filings to ensure everyone’s voice is heard and the compensation fairly reflects each person’s loss. In some cases, families appoint a single representative to streamline the process.

Will We Have To Go To Court To Win A Wrongful Death Case?

Not always. Many wrongful death claims settle out of court—especially when there is clear liability and strong evidence. However, if the at-fault party or their insurance company refuses to offer a fair settlement, a trial may become necessary.

Our attorneys prepare every case as if it will go to trial. That preparation alone often leads to stronger settlement offers. And if court becomes necessary, we’re ready.

What Kind Of Compensation Can We Receive In A Biloxi Wrongful Death Lawsuit?

Wrongful death damages in Mississippi fall into two categories: economic and non-economic losses. These may include:

• Funeral and burial expenses
• Medical bills incurred before death
• Loss of future income and benefits
• Loss of companionship, love, and parental guidance
• Pain and suffering of surviving family members
• Punitive damages in cases involving gross negligence or intentional harm

The value of your claim depends on many factors—including your relationship to the deceased, the age and income of your loved one, and the circumstances of the death.

What If My Loved One Was Partially At Fault For The Accident?

Mississippi follows a pure comparative fault rule. That means your family can still recover compensation even if your loved one was partly responsible for what happened. However, the total recovery may be reduced based on the percentage of fault.

For example, if your loved one was 20% at fault, your total settlement would be reduced by 20%. We fight hard to challenge unfair blame and minimize reductions that insurance companies often try to impose.

Can We Sue A Business Or Employer For A Wrongful Death?

Yes. If a company’s negligence led to the fatal incident—whether through unsafe premises, defective products, poor training, or lack of supervision—you may be able to hold them financially accountable.

Examples include fatal workplace accidents, defective vehicle parts, or medical institutions failing to meet the standard of care. In some wrongful death cases, we sue both individuals and corporations for shared liability.

How Do We Know If We Have A Valid Wrongful Death Case?

The only way to know for sure is to speak with a qualified attorney. However, some common signs include:

• A fatal crash or incident involving a negligent party
• Medical errors that seem preventable or unexplained
• Sudden death on a job site with poor safety protocols
• Death during a crime where security was lacking
• Any unexpected loss involving questionable conduct

Our law firm offers free case evaluations. We’ll review the circumstances, explain your rights, and walk you through your options.

Your Family Deserves Answers. Let Our Biloxi Wrongful Death Attorneys Help.

The death of a loved one is never easy—especially when it didn’t have to happen. In Biloxi, where life moves between the waves of the Gulf and the pace of the casino district, a single moment of negligence can leave families facing years of grief, financial uncertainty, and unanswered questions.

At Germany Law Firm, PLLC, we are here to change that. Our wrongful death lawyers in Biloxi are ready to step in, investigate your claim, and hold the responsible parties fully accountable. You don’t have to take on hospitals, corporations, or insurance companies alone.

We offer:

• Free, no-obligation consultations
• No legal fees unless we win
• Personalized attention from a trusted Gulf Coast legal team

Call us now at (601) 488-1367 to schedule your free consultation or contact us online to get started today.

Justice won’t wait. Neither should you.