Wrongful death; amend provision related to.

S. B. No. 2132 *SS36/R113* ~ OFFICIAL ~ G1/2
26/SS36/R113
PAGE 1 (ens\kr)

To: Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Blackmon

SENATE BILL NO. 2132

AN ACT TO AMEND SECTION 11-7-13, MISSISSIPPI CODE OF 1972, TO 1
AUTHORIZE RECOVERY OF EXPENSES OR DAMAGES INCURRED BY THE DECEASED 2
PRIOR TO THE DEATH; TO PROVIDE FOR THE DISTRIBUTION OF DAMAGES 3
REGARDLESS OF WHETHER THE LEGAL REPRESENTATIVE OF THE DECEDENT'S 4
ESTATE IS A PARTY TO THE ACTION UNDER THIS SECTION; AND FOR 5
RELATED PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. Section 11-7-13, Mississippi Code of 1972, is 8
amended as follows: 9
11-7-13. Whenever the death of any person or of any unborn 10
quick child shall be caused by any real, wrongful or negligent act 11
or omission, or by such unsafe machinery, way or appliances as 12
would, if death had not ensued, have entitled the party injured or 13
damaged thereby to maintain an action and recover damages in 14
respect thereof, or whenever the death of any person or of any 15
unborn quick child shall be caused by the breach of any warranty, 16
express or implied, of the purity or fitness of any foods, drugs, 17
medicines, beverages, tobacco or any and all other articles or 18
commodities intended for human consumption, as would, had the 19
death not ensued, have entitled the person injured or made ill or 20
S. B. No. 2132 *SS36/R113* ~ OFFICIAL ~
26/SS36/R113
PAGE 2 (ens\kr)

damaged thereby, to maintain an action and recover damages in 21
respect thereof, and such deceased person shall have left a widow 22
or children or both, or husband or father or mother, or sister, or 23
brother, the person or corporation, or both that would have been 24
liable if death had not ensued, and the representatives of such 25
person shall be liable for damages, notwithstanding the death, and 26
the fact that death was instantaneous shall in no case affect the 27
right of recovery. The action for such damages may be brought in 28
the name of the personal representative of the deceased person or 29
unborn quick child for the benefit of all persons entitled under 30
the law to recover, or by widow for the death of her husband, or 31
by the husband for the death of the wife, or by the parent for the 32
death of a child or unborn quick child, or in the name of a child, 33
or in the name of a child for the death of a parent, or by a 34
brother for the death of a sister, or by a sister for the death of 35
a brother, or by a sister for the death of a sister, or a brother 36
for the death of a brother, or all parties interested may join in 37
the suit, and there shall be but one (l) suit for the same death 38
which shall ensue for the benefit of all parties concerned, but 39
the determination of such suit shall not bar another action unless 40
it be decided on its merits. Except as otherwise provided in 41
Section 11-1-69, in such action the party or parties suing shall 42
recover such damages allowable by law as the jury may determine to 43
be just, taking into consideration all the damages of every kind 44
S. B. No. 2132 *SS36/R113* ~ OFFICIAL ~
26/SS36/R113
PAGE 3 (ens\kr)

to the decedent and all damages of every kind to any and all 45
parties interested in the suit. 46
This section shall apply to all personal injuries of servants 47
and employees received in the service or business of the master or 48
employer, where such injuries result in death, and to all deaths 49
caused by breach of warranty, either express or implied, of the 50
purity and fitness of foods, drugs, medicines, beverages, tobacco 51
or other articles or commodities intended for human consumption. 52
Any person entitled to bring a wrongful death action may 53
assert or maintain a claim for any breach of expressed warranty or 54
for any breach of implied warranty. A wrongful death action may 55
be maintained or asserted for strict liability in tort or for any 56
cause of action known to the law for which any person, 57
corporation, legal representative or entity would be liable for 58
damages if death had not ensued. 59
In an action brought pursuant to the provisions of this 60
section by the widow, husband, child, father, mother, sister or 61
brother of the deceased or unborn quick child, or by all 62
interested parties, such party or parties may recover as damages 63
property damages and funeral, medical or other related expenses 64
incurred by or for the deceased as a result of such wrongful or 65
negligent act or omission or breach of warranty or any expenses or 66
damages incurred by the deceased prior to the death, including 67
personal injury damages during the deceased's lifetime, whether an 68
estate has been opened or not. Any widow, husband, child, father, 69
S. B. No. 2132 *SS36/R113* ~ OFFICIAL ~
26/SS36/R113
PAGE 4 (ens\kr)

mother, sister or brother of the deceased or unborn quick child, 70
or interested party may bring an action pursuant to the provisions 71
of this section outside an estate, regardless of whether there are 72
real or personal assets of an estate. Any amount, but only such 73
an amount, as may be recovered for property damage, funeral, 74
medical or other related expenses shall be subject only to the 75
payment of the debts or liabilities of the deceased for property 76
damages, funeral, medical or other related expenses. All other 77
damages recovered under the provisions of this section shall not 78
be subject to the payment of the debts or liabilities of the 79
deceased, except as hereinafter provided, and such damages shall 80
be distributed, regardless of whether the legal representative of 81
the decedent's estate is a party to the action under this section, 82
as follows: 83
Damages for the injury and death of a married man shall be 84
equally distributed to his wife and children, and if he has no 85
children all shall go to his wife; damages for the injury and 86
death of a married woman shall be equally distributed to the 87
husband and children, and if she has no children all shall go to 88
the husband; and if the deceased has no husband or wife, the 89
damages shall be equally distributed to the children; if the 90
deceased has no husband, nor wife, nor children, the damages shall 91
be distributed equally to the father, mother, brothers and 92
sisters, or such of them as the deceased may have living at his or 93
her death. If the deceased have neither husband, nor wife, nor 94
S. B. No. 2132 *SS36/R113* ~ OFFICIAL ~
26/SS36/R113
PAGE 5 (ens\kr)

children, nor father, nor mother, nor sister, nor brother, then 95
the damages shall go to the legal representative, subject to debts 96
and general distribution, and the fact that the deceased was 97
instantly killed shall not affect the right of the legal 98
representative to recover. All references in this section to 99
children shall include descendants of a deceased child, such 100
descendants to take the share of the deceased child by 101
representation. There shall not be, in any case, a distinction 102
between the kindred of the whole and half blood of equal degree. 103
The provisions of this section shall apply to illegitimate 104
children on account of the death of the mother and to the mother 105
on account of the death of an illegitimate child or children, and 106
they shall have all the benefits, rights and remedies conferred by 107
this section on legitimates. The provisions of this section shall 108
apply to illegitimate children on account of the death of the 109
natural father and to the natural father on account of the death 110
of the illegitimate child or children, and they shall have all the 111
benefits, rights and remedies conferred by this section on 112
legitimates, if the survivor has or establishes the right to 113
inherit from the deceased under Section 91-1-15. 114
Any rights which a blood parent or parents may have under 115
this section are hereby conferred upon and vested in an adopting 116
parent or adopting parents surviving their deceased adopted child, 117
just as if the child were theirs by the full-blood and had been 118
born to the adopting parents in lawful wedlock. 119
S. B. No. 2132 *SS36/R113* ~ OFFICIAL ~
26/SS36/R113
PAGE 6 (ens\kr)
ST: Wrongful death; amend provision related to.
The list of persons in this section who may bring a wrongful 120
death action is exclusive and only those persons shall be 121
considered interested parties who are entitled to bring an action 122
under this section. 123
A defendant in an action under this section is authorized 124
within ninety (90) days of filing an answer, to request that the 125
plaintiff initiate the process of determining heirs. Such 126
determination must be resolved before commencement of trial. 127
SECTION 2. This act shall take effect and be in force from 128
and after July 1, 2026. 129