wrongful death claim in Mississippi

68 Mississippi opinions name it 2 courts 1984–2026 6 in the last five years

The cases below were cited by Mississippi courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (22)

Case	Followed	Cited
Long v. McKinneygreen miss · 2004 · cited in 6 Mississippi opinions naming this issue, 2007–2022 2 sentences 2022In Long v. McKinney, 897 So. 2d 160, 169 (Miss. 2004), this Court held that a wrongful-death claim is not part of the decedent’s estate. 2015This Court was crystal clear in Long v. McKinney that the chancery court’s jurisdiction in wrongful-death litigation may be invoked in only three instances: (1) for opening the decedent’s estate so that beneficiaries may pursue a wrongful-death claim in the 3 Estate of Eubanks, 2014 WL 211730 , at 14. 4 Id. 5 Id. at 15 (Roberts, J., concurring in part and dissenting in part). 6 Long v. McKinney, 897 So. 2d 160, 174-176 (Miss. 2004). 8 circuit court; (2) for the approval or rejection of a minor’s wrongful-death settlement; and (3) to determine wrongful-death beneficiaries. ¶25.	4	6
Thiroux Ex Rel. Cruz v. Austingreen miss · 1999 · cited in 4 Mississippi opinions naming this issue, 2007–2016 2 sentences 2016See id. (applying section 15-1-35 to a wrongful-death claim based on murder). 2016See id. (applying section 15- 1-35 to a wrongful-death claim based on murder).	4	4
Pannell v. Guessgreen miss · 1996 · cited in 4 Mississippi opinions naming this issue, 2002–2014 2 sentences 2014Additionally, precedent provides that “an attorney who successfully prosecutes a wrongful death claim without representing all of the heirs must prove that he has earned a fee from the proceeds distributed to all of the heirs.” Franklin v. Franklin, 858 So.2d 110, 123 (¶ 46) (Miss.2003) (citing Pannell v. Guess, 671 So.2d 1310, 1315 (Miss.1996)). 2007Regarding the remainder of the proceeds, "an attorney who successfully prosecutes a wrongful death claim without representing all of the heirs must prove that he has earned a fee from the proceeds distributed to all of the heirs." Franklin v. Franklin, 858 So.2d 110, 123 (¶ 46) (Miss.2003) (citing Pannell v. Guess, 671 So.2d 1310, 1315 (Miss.1996)). *1257 ¶ 46.	2	4
Jenkins v. Pensacola Health Trust, Inc.green miss · 2006 · cited in 4 Mississippi opinions naming this issue, 2005–2008 2 sentences 2008We previously addressed the statute of limitations in wrongful-death cases in Jenkins v. Pensacola Health Trust, 933 So.2d 923 (Miss.2006) wherein we stated: Recognizing that, in Thiroux, we should have specifically overruled Gentry, we do so now, and hold that the statute of limitations on bringing a wrongful death claim is subject to, and limited by, the statute of limitations associated with the claims of specific wrongful acts which allegedly led to the wrongful death. 2007The Ap-pellees argue that the trial court was correct because a wrongful death claim is derivatively subject to. any defenses that would apply against the decedent. ¶ 8. “[A] wrongful death claim is subject to, and limited by, the statute of limitations associated with the claims of specific wrongful acts which allegedly led to the wrongful death.” Jenkins v. Pensacola Health Trust, Inc., 933 So.2d 923, 926 (¶ 12) (Miss.2006).	2	4
Berryhill v. Nicholsgreen miss · 1935 · cited in 3 Mississippi opinions naming this issue, 2003–2025 2 sentences 2025“It is essential . . . that the negligence complained of shall be the proximate cause, or at least a directly contributing cause, of the death which is the subject of the suit.” Berryhill v. Nichols, 171 Miss. 769 , 158 So. 470, 471 (1935). 2025“It is essential . . . that the negligence complained of shall be the proximate cause, or at least a directly contributing cause, of the death which is the subject of the suit.” Berryhill v. Nichols, 171 Miss. 769 , 158 So. 470, 471 (1935).	2	3
In Re Estate of Englandgreen missctapp · 2003 · cited in 2 Mississippi opinions naming this issue, 2007–2024 2 sentences 2024On March 29, 2022, the circuit court entered its final judgment finding that Crawford 5 Dr. Green’s testimony was taken via deposition on August 30, 2017. 7 “failed to prove that the [hospital’s] negligence was the proximate cause of Hodge’s death.” Consequently, the court held that Crawford could not recover for Hodge’s personal injuries because “if the wrongful death claim fails, then the heirs cannot recover for the decedent’s personal injuries.” See In re Est. of England, 846 So. 2d 1060, 1069 (¶28) (Miss. 2024Further, England held that when a wrongful death claim fails then recovery for any of the plaintiff’s “personal injuries . . . belongs to the estate under the survival statute.” England, 846 So. 2d at 1068 (¶26) (emphasis added).	2	2
State Ex Rel. Richardson v. Edgeworthgreen miss · 1968 · cited in 2 Mississippi opinions naming this issue, 2017–2018 2 sentences 2018Richardson v. Edgeworth, 214 So. 2d 579, 585 (Miss. 1968)). 2017Richardson v. Edgeworth, 214 So. 2d 579, 585 (Miss. 1968)).	2	2
Pioneer Community Hospital of Newton v. Tyteanna D. Robertsgreen miss · 2017 · cited in 2 Mississippi opinions naming this issue, 2017–2018 2 sentences 2018Pioneer, 214 So. 3d at 261 (¶3).3 The aunt petitioned for 3 While she had standing to file suit, the aunt in Pioneer was “statutorily precluded from recovering any damages . . . , [as] any wrongful-death damages belong[ed] exclusively 7 guardianship of the children, specifically requesting authorization to file a wrongful-death claim or make a settlement for damages on their behalf. 2017Pioneer , 214 So.3d at 261 (¶ 3). 3 The aunt petitioned for guardianship of the children, specifically requesting authorization to file a wrongful-death claim or make a settlement for damages on their behalf.	2	2
Dianne Truddle v. Baptist Memorial Hospital-Desoto, Inc.green miss · 2014 · cited in 2 Mississippi opinions naming this issue, 2017–2018 2 sentences 2018See Truddle, 150 So. 3d at 697 (¶17). 2017Under Mississippi law, a decedent’s suicide is actionable against a third-party defendant as a wrongful-death claim “only if the suicide was proximately caused by the intentional act of the defendant, creating an irresistible impulse in the decedent to take his or her own life.” Id. at 695 (¶11) (citing State ex rel.	2	2
Franklin v. Franklin Ex Rel. Phillipsgreen miss · 2003 · cited in 2 Mississippi opinions naming this issue, 2007–2014 2 sentences 2014Additionally, precedent provides that “an attorney who successfully prosecutes a wrongful death claim without representing all of the heirs must prove that he has earned a fee from the proceeds distributed to all of the heirs.” Franklin v. Franklin, 858 So.2d 110, 123 (¶ 46) (Miss.2003) (citing Pannell v. Guess, 671 So.2d 1310, 1315 (Miss.1996)). 2007Regarding the remainder of the proceeds, "an attorney who successfully prosecutes a wrongful death claim without representing all of the heirs must prove that he has earned a fee from the proceeds distributed to all of the heirs." Franklin v. Franklin, 858 So.2d 110, 123 (¶ 46) (Miss.2003) (citing Pannell v. Guess, 671 So.2d 1310, 1315 (Miss.1996)). *1257 ¶ 46.	2	2
Burley Ex Rel. Hill v. Douglasgreen miss · 2009 · cited in 2 Mississippi opinions naming this issue, 2012–2014 2 sentences 2014Burley v. Douglas, 26 So.3d 1013, 1015 (Miss.2009). 2012Burley v. Douglas, 26 So. 3d 1013, 1015 (Miss. 2009).	2	2
Estate of Jones v. Howellgreen miss · 1996 · cited in 2 Mississippi opinions naming this issue, 2009–2009 2 sentences 2009The wrongful death statute creates a new and independent cause of action in favor of those named therein." Estate of Jones v. Howell, 687 So.2d 1171, 1178 (Miss.1996) (citations omitted) "Mississippi's wrongful death statute, Miss.Code Ann. [section] 11-7-13, created a cause of action unknown to the common law. 2009The wrongful death statute creates a new and independent cause of action in favor of those named therein.” Estate of Jones v. Howell, 687 So.2d 1171, 1178 (Miss.1996) (citations omitted) “Mississippi’s wrongful death statute, Miss.Code Ann. [section] 11-7-13, created a cause of action unknown to the common law.	2	2
Richardson v. Methodist Hosp. of Hattiesburg, Inc.green miss · 2002 · cited in 3 Mississippi opinions naming this issue, 2006–2026 2 sentences 2026Id. at 1248 (¶20). 2008Richardson I, 807 So.2d at 1245 .	1	3
Lewis v. Allstate Ins. Co.green miss · 1998 · cited in 1 Mississippi opinions naming this issue, 2025–2025 1 sentence 2025In Lewis v. Allstate Insurance Co., 730 So. 2d 65, 67-68 (¶¶7-9) (Miss. 1998), an insurer sought a declaratory judgment of whether provisions of the insureds’ homeowner policy covered a wrongful-death claim filed against them.	1	1
Kathy May Huber v. Cecilia Eubanksgreen miss · 2015 · cited in 1 Mississippi opinions naming this issue, 2022–2022	1	1
Mississippi Dept. of Public Safety v. Durngreen miss · 2003 · cited in 1 Mississippi opinions naming this issue, 2018–2018	1	1
Estate of Williams v. City of Jacksongreen miss · 2003 · cited in 1 Mississippi opinions naming this issue, 2018–2018	1	1
Gentry v. Wallacegreen miss · 1992 · cited in 1 Mississippi opinions naming this issue, 2007–2007	1	1
Butler v. Brantleygreen miss · 2004 · cited in 1 Mississippi opinions naming this issue, 2007–2007	1	1
In Re Kepkagreen texapp · 2005 · cited in 1 Mississippi opinions naming this issue, 2005–2005	1	1
Campbell v. Callowgreen moctapp · 1994 · cited in 1 Mississippi opinions naming this issue, 2005–2005	1	1
Estate of Patterson v. Pattersongreen miss · 2001 · cited in 1 Mississippi opinions naming this issue, 2004–2004	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway.

Also cited on this issue (28)

Case	Cited	Years
Arender v. Smith County Hosp. green miss · 1983 2 sentences 2003In Arender v. Smith County Hosp., 431 So.2d 491 (Miss.1983), this Court held that the minors saving clause would not apply to a wrongful death claim. 2001In Arender v. Smith County Hosp., 431 So.2d 491 (Miss. 1983), this Court held that the minors saving clause would not apply to a wrongful death claim.	4	1997–2003
Gabriel v. School Dist. No. 4, Libby green mont · 1994 2 sentences 1996Gabriel, 870 P.2d at 1352-53 . 1996Gabriel, 264 Mont. at 180 , 870 P.2d at 1352 .	4	1992–1996
M & M Pipe & Pres. Vessel Fab., Inc. v. Roberts green miss · 1988 2 sentences 2004In M & M Pipe & Pressure Vessel Fabricators, Inc. v. Roberts, 531 So.2d 615 (Miss.1988), a case involving a multiple car accident resulting in a wrongful death claim, this Court addressed the issue of intervening cause and held: In cases involving the issue of an intervening cause, this Court has laid particular stress on the concept of "putting in motion". 2002In M&M Pipe & Pressure Vessel Fabricators, Inc. v. Roberts, 531 So.2d 615 (Miss. 1988), a case involving a multiple car accident resulting in a wrongful death claim, this Court addressed the issue of intervening cause and held: In cases involving the issue of an intervening cause, this Court has laid particular stress on the concept of "putting in motion".	3	2002–2004
Hodgson v. Mississippi Department of Corrections green wied · 1997 2 sentences 2003Id. at 788 . 2003Id. at 788 .	3	2001–2003
Partyka v. Yazoo Development Corp. green miss · 1979 2 sentences 2022Id. 2003Partyka, 376 So.2d at 650 .	2	2003–2022
Vice v. Department of Human Services green miss · 1997 2 sentences 2018While not in the context of a wrongful-death claim, the supreme court discussed this issue in Vice v. Department of Human Services, 702 So. 2d 397 (Miss. 1997). 2017While not in the context of a wrongful-death claim, the supreme court discussed this issue in Vice v. Department of Human Services , 702 So.2d 397 (Miss. 1997).	2	2017–2018
66 Federal Credit Union v. Tucker green miss · 2003 2 sentences 2018Credit Union v. Tucker , 853 So.2d 104 (Miss. 2003). 2004Id. at 112 . [1] The question before us now is whether Williams is required to comply with the requirements of Miss.Code Ann. § 91-1-15(3)(d)(i) in order to share in the settlement proceeds from the wrongful death claim of Asiah. ¶ 12.	2	2004–2018
Hogan v. Buckingham Ex Rel. Buckingham green miss · 1998 2 sentences 2014Buckingham, 730 So.2d 15 (Miss.1998), the Court addressed this very issue: whether a prior adjudication of paternity could be challenged in heirship proceedings related to distribution of settlement funds for a wrongful death claim. 2012Buckingham, 730 So. 2d 15 (Miss. 1998), the Court addressed this very issue: whether a prior adjudication of paternity could be challenged in heirship proceedings related to distribution of settlement funds for a wrongful death claim.	2	2012–2014
Caves v. Yarbrough green miss · 2008 2 sentences 2010In Caves v. Yarbrough, 991 So.2d 142 , as in the present case, this Court was 1045 asked to determine when the statute of limitations for a wrongful death claim brought against an MTCA defendant begins to run. 2010*In Caves v. Yarbrough, 991 So.2d 142 , as in the present case, this Court was asked to determine when the statute of limitations for a wrongful death claim brought against an MTCA defendant begins to run.	2	2008–2010
Holt v. Stollenwerck green ala · 1911 2 sentences 2004Some jurisdictions have determined that to allow assignment of wrongful death claims would increase the risks associated with maintenance and champerty. [5] The following jurisdictions have determined that an action to recover for a death may not be assigned: Alabama Holt v. Stollenwerck, 174 Ala. 213 , 56 So. 912 (1911) (dictum); Georgia Bloodworth v. Jones, 191 Ga. 193 , 11 S.E.2d 658 (1940); New York Travelers' Ins. 2004Some jurisdictions have determined that to allow assignment of wrongful death claims would increase the risks associated with maintenance and champerty. [5] The following jurisdictions have determined that an action to recover for a death may not be assigned: Alabama Holt v. Stollenwerck, 174 Ala. 213 , 56 So. 912 (1911) (dictum); Georgia Bloodworth v. Jones, 191 Ga. 193 , 11 S.E.2d 658 (1940); New York Travelers' Ins.	2	2002–2004
Bloodworth v. Jones green ga · 1940 2 sentences 2004Some jurisdictions have determined that to allow assignment of wrongful death claims would increase the risks associated with maintenance and champerty. [5] The following jurisdictions have determined that an action to recover for a death may not be assigned: Alabama Holt v. Stollenwerck, 174 Ala. 213 , 56 So. 912 (1911) (dictum); Georgia Bloodworth v. Jones, 191 Ga. 193 , 11 S.E.2d 658 (1940); New York Travelers' Ins. 2004Some jurisdictions have determined that to allow assignment of wrongful death claims would increase the risks associated with maintenance and champerty. [5] The following jurisdictions have determined that an action to recover for a death may not be assigned: Alabama Holt v. Stollenwerck, 174 Ala. 213 , 56 So. 912 (1911) (dictum); Georgia Bloodworth v. Jones, 191 Ga. 193 , 11 S.E.2d 658 (1940); New York Travelers' Ins.	2	2002–2004
Citron v. Ghaffari green gactapp · 2000 2 sentences 2003Citron v. Ghaffari, 246 Ga.App. 826 , 542 S.E.2d 555 (2000). 2003Citron v. Ghaffari, 246 Ga.App. 826 , 542 S.E.2d 555 (2000).	2	2001–2003
McGowan v. Estate of Wright green miss · 1988 2 sentences 2003Id. at 309 . 2001Id. at 309 .	2	2001–2003
United States Fidelity & Guaranty Co. v. Higdon neutral miss · 1959 2 sentences 2000Id. 285 Miss, at 394, 109 So.2d at 332-33 . 2000Id. 285 Miss, at 394, 109 So.2d at 332-33 .	2	2000–2000
Foster v. Yazoo & Mississippi Valley Railroad neutral miss · 1895 2 sentences 1999Valley R.R., 72 Miss. 886, 889-91 , 18 So. 380 , 381 (1895), a plaintiff brought a wrongful death claim for his father, and the statute of limitations was raised as a defense. 1998Valley R.R., 72 Miss. 886, 889-91 , 18 So. 380 , 381 (1895), a plaintiff brought a wrongful death claim for his father, and the statute of limitations was raised as a defense.	2	1998–1999
Spencer v. Flathead County green mont · 1984 2 sentences 1996As a logical corollary to Carroll , we conclude that a wrongful death claim arises under § 25-2-126, MCA, where the death occurs. [T]he action arises "where the act or breach occur which creates the necessity for bringing the suit." Spencer [ v. Flathead County, 212 Mont. 399 , 687 P.2d 1390 (1984)]. 1996As a logical corollary to Carroll , we conclude that a wrongful death claim arises under § 25-2-126, MCA, where the death occurs. [T]he action arises "where the act or breach occur which creates the necessity for bringing the suit." Spencer [ v. Flathead County, 212 Mont. 399 , 687 P.2d 1390 (1984)].	2	1992–1996
Colony Insurance Company v. First Specialty Insurance Corporation green miss · 2019	1	2022–2022
Estate of Eubanks v. Eubanks green missctapp · 2014	1	2015–2015
Banakus v. United Aircraft Corp. green nysd · 1968	1	2008–2008
ESTATE OF GRIFFITH v. Griffith green miss · 2010	1	2008–2008
Flowers v. McCraw green missctapp · 2001	1	2004–2004
Wilks v. American Tobacco Co. green miss · 1996	1	2003–2003
William Iselin & Co., Inc. v. Delta Auction green miss · 1983	1	2003–2003
Maxwell v. Illinois Central Gulf RR green miss · 1987	1	2003–2003
Sweeney v. Preston green miss · 1994	1	2001–2001
Smith v. McComb Infirmary Association green miss · 1967	1	1994–1994
Ford Motor Co. v. Durrill red texapp · 1986	1	1987–1987
Alack v. Phelps green miss · 1970	1	1984–1984

Statutes the citing opinions construe

MS § Miss. Code Ann. § 11-7-13 (40) MS § Miss. Code Ann. § 11-46-11 (16) MS § Miss. Code Ann. § 15-1-49 (15) MS § Miss. Code Ann. § 15-1-36 (11) MS § Miss. Code Ann. § 15-1-35 (10) MS § Miss. Code Ann. § 85-5-7 (9) MS § Miss. Code Ann. § 91-7-233 (9) MS § Miss. Code Ann. § 11-46-1 (8) MS § Miss. Code Ann. § 15-1-59 (8) MS § Miss. Code Ann. § 11-46-9 (7) MS § Miss. Code Ann. § 15-1-69 (7) MS § Miss. Code Ann. § 91-1-1 (7)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

OH 157 (1959–2025) IL 127 (1962–2026) TX 117 (1973–2026) CA 103 (1958–2026) NY 91 (1949–2025) LA 71 (1964–2024) MS 68 (1984–2026) GA 62 (1967–2024) MO 60 (1973–2024) FL 60 (1967–2025) AL 58 (1984–2025) MD 53 (1981–2025) PA 52 (1983–2025) IN 52 (1982–2025) AZ 38 (1965–2025) NM 37 (1970–2025) KY 36 (1990–2026) WA 34 (1974–2026) NC 33 (1971–2022) MI 32 (1969–2022) WI 32 (1979–2026) NJ 31 (1978–2024) TN 30 (1996–2026) OR 28 (1986–2026) WV 26 (1973–2021) CO 25 (1977–2026) IA 25 (1983–2026) MN 23 (1982–2024) MA 21 (1962–2024) CT 19 (1992–2022) KS 17 (1969–2026) AR 16 (1997–2022) VA 15 (1980–2024) SC 14 (2010–2025) UT 14 (1983–2025) MT 13 (1968–2013) OK 13 (1975–2024) SD 10 (1974–2022) ID 9 (1980–2024) WY 8 (1989–2021) ME 8 (1999–2025) HI 7 (1998–2025) AK 6 (1986–2020) DC 6 (1980–2006) RI 5 (1991–2019) ND 5 (1988–2019) NE 5 (1988–2024) NV 5 (1991–2023) DE 5 (1984–2021) VI 2 (2014–2016) VT 2 (2005–2020)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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