In Mississippi, thousands of people are injured every year due to someone else’s negligence. Injuries could result from car or truck accidents, a defective product, hazardous conditions on a property, or by a negligent healthcare provider. No matter the cause, the injured party may be facing physical injury, emotional distress, medical expenses, and lost wages.
If you have been harmed due to another party’s negligent acts, you have the right to file a personal injury claim. Your first step is to know what constitutes such a claim in Mississippi. Your next step is to talk to an experienced personal injury attorney.
For nearly 20 years, I have represented injured individuals and their families in Flowood, Brandon, Clinton, Pearl, and Richland, and throughout Rankin County, Mississippi. Reach out to my firm, The Stutzman Law Firm, PLLC, today to schedule a free consultation.
Mississippi is a “fault state” for personal injury claims. This means that the person at fault for causing injuries to another is responsible for compensating them for their damages.
Mississippi also uses a “pure comparative negligence” rule in personal injury jury awards. Fault is assigned in total or in majority part to the defendant, but some fault may be assigned to the injured party. If so, the recovery sum is reduced by the injured party’s percentage of fault. For example, if the defendant is found to be 80% at fault and the injured party is 20% at fault, and the injured party is awarded $100,000 in damages, their award will be reduced by 20% and they will receive $80,000.
Generally, there is a three-year statute of limitations on personal injury claims in Mississippi. The injured party must either settle a claim with the negligent party’s insurance company or file a lawsuit within three years of the date of the incident that caused the injury.
There are three ways to pursue a personal injury claim in Mississippi. The injured party may:
File a claim against their own insurance policy for medical payment benefits, or uninsured/underinsured motorist coverage
File a claim against the liability insurance coverage of all negligent parties
File a lawsuit against all negligent parties and their insurers
Injured parties may recover economic damages, non-economic damages, and in some cases, punitive damages.
Economic damages are those with a definitive price tag, such as medical expenses, lost income, property damage, and reduced earning potential due to disability.
Non-economic damages are more difficult to place a price on, including pain and suffering, emotional distress, loss of enjoyment of life, and physical impairment and disfigurement.
Punitive damages are reserved for cases in which the negligent party displayed a willful, wanton, malicious, and reckless disregard for the safety of others. Punitive damages of a significant monetary sum may be awarded to punish the negligent party for failing to take the proper steps to protect others.
The most critical component of any personal injury claim is proving negligence which, in turn, proves liability. In some cases, this evidence can be extremely difficult to document. Even in cases where liability is obvious, the insurer of the negligent party will work diligently to place fault on the injured person as well. After all, insurance companies make profits by denying compensation to those injured by their insureds.
Experienced personal injury attorneys know how to thoroughly investigate the circumstances surrounding the event that led to your injury, build a case, quantify your damages, and aggressively pursue compensation on your behalf. You need an attorney who will not back down from insurance company lawyers and knows how to successfully present your case to a jury should your case go to trial. Reach out to me to get started in Flowood, Mississippi, today.
I have dedicated my law practice to advocating for personal injury clients and their families in Flowood, Brandon, Clinton, Pearl, and Richland, as well as throughout Rankin County, Mississippi. If you have been injured due to someone else’s negligence, do not delay. Reach out to my firm, The Stutzman Law Firm, PLLC, now to schedule a free initial consultation.