Personal Injury Law in Mississippi

Were you hurt due to another’s negligence in Mississippi? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in Mississippi can help navigate the lawsuit to make sure you receive all of the compensation you deserve.

What Is Personal Injury Law?

Personal injury law in Mississippi relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.

Examples of Personal Injury Claims in Mississippi

Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.

A few of the most common personal injury claims are:

  • Car Accidents
  • Slip and Fall
  • Dog Bites
  • Medical Malpractice
  • Workplace Accidents
  • Burn Injuries

Most Common Injuries in Mississippi 

The Mississippi State Department of Health found that Mississippi’s death rate of 82 per 100,000 people due to injuries, both intentional and unintentional, greatly exceeds the national rate of 62 per 100,000. Mississippi also has a higher work related injury rate than many other states. Leading causes of injury in the state include back strains, concussions, and motor vehicle accidents.

Steps in a Personal Injury Lawsuit in Mississippi

Once you determine that you wish to proceed forward with a personal injury action in Mississippi

A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations and document production. This discovery process is lengthy and ends in either settlement or a court appearance.

After completing your initial consultation with your Mississippi attorney, they will file and serve a complaint to the court on your behalf. Next comes the discovery process where both sides are allowed to collect evidence applicable to the suit. Finally, this leads to the filing of motions, which ends in either a settlement agreement, or the suit proceeding to trial.

Mississippi Personal Injury Settlement

With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and factors that impact the final amount.

The State of Mississippi Judiciary uses Civil Courts for most personal injury cases. However, the branch recognizes that there is no way to determine an average personal injury settlement amount in Mississippi. The national average is widely considered to be anywhere from $3,000 to $75,000 for a personal injury case. Consider that Mississippi is one of the poorest states in the nation, and therefore settlements could be lower than the national average.

If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in MS, that means you risk not receiving any compensation at all.

Damage Awards in Mississippi

If your Mississippi personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may award. Or may order the defendant to pay to compensate you for the damage he or she inflicted.

Special compensatory damages reimburse you for things such as lost income, medical bills and insurance deductibles. You submit receipts proving these losses.

General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant compensate you for the pain and anguish.

Punitive damages are the most rarely awarded and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific. 

Mississippi has no cap on economic damages, like medical bills. However, Mississippi does cap non-economic damages, such as pain and suffering, at $1,000,000. In addition, there is a cap on punitive damages as well, but in most personal injury cases punitive damages are not applicable.

Statute of Limitations in Mississippi Personal Injury Law?

The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized.

The statute of limitations for personal injury suits in Mississippi is three years. This means you have three years from the date of your injury to file a relevant suit with the civil court.

We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury. 

Work With an Experienced Mississippi Lawyer

Pursue a personal injury claim in Mississippi against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim.  We can even help you connect with an attorney across Mississippi state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

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