Personal Injury -- Plaintiff Law
Mississippi Personal Injury Law
If someone else has hurt you, Mississippi law may require them to pay for the damages they’ve caused. Your short- and long-term medical bills, lost wages from missed work, even your pain and suffering, could be covered if you win a personal injury lawsuit against the person who harmed you. The court will try to award you enough money to bring your life back to where it would be if you hadn’t been hurt.
Every state has different laws on what counts as a personal injury and the procedure for filing your case. For injury victims in Biloxi, Jackson, or Gulfport, it’s important to follow the rules specific to Mississippi.
What is Personal Injury in Mississippi?
In general, a personal injury is any physical, mental, or emotional harm you’ve suffered because of someone else’s actions. These injuries can come about through either intentional or accidental acts.
Intentional Personal Injuries
An intentional personal injury is just that, an injury someone caused to your person on purpose. If someone assaults or batters you, that could be a case for an intentional injury. Not only could a person who hits you be liable in a criminal court for their actions, if you sue them in civil court for damages they may be required to pay you directly for the cost of their actions.
In most cases, it doesn’t even matter if they didn’t mean to hurt you, or didn’t mean to hurt you as badly as they did. All that matters for the sake of intent is that they purposefully did the actual action that led to your harm.
Negligent Personal Injuries
A negligent personal injury would be an injury someone caused you by accident, but an accident that could have been avoided if that person had behaved properly. Driving with excessive speed and then hitting your car, for example, could be the basis of a negligent personal injury case, or a slip and fall at a shop where staff let a spill sit on the floor all afternoon.
Mississippi is what’s knows as a “pure comparative fault” state. That means that in this state, unlike many others, you can usually recover damages in a negligence case regardless of your own actions. So if you also behaved negligently in a situation that led to your injuries, you could still win compensation from the other involved parties.
In Mississippi, dog bite cases are usually only viable if the animal’s owner acted negligently when handling or caring for the dog. In some situations, you may be able to recover even if the owner wasn’t negligent but had reason to know their dog was abnormally aggressive.
Strict Liability Personal Injuries
A strict liability personal injury is similar to a negligent personal injury, in the sense that the injury was accidental. The difference is that negligence requires the other party to behave with unreasonable carelessness, but in some cases a person can be strictly liable even if they took all appropriate safety measures.
Product liability is an example of strict liability. If a store sells a defective product that causes an injury, everyone in the supply chain could be responsible – retailer, manufacturer, designer or someone else involved in the creation of that product. This could be the case even if the defect occurred through an isolated manufacturing error that neither the factory or the store had reason to know about it.
How Much Time Do I Have to File a Personal Injury Case in Mississippi?
Each jurisdiction sets their own statute of limitations, a deadline that says how much time you have to file your claim. If you miss this deadline, your case will likely never be heard and you won’t recover any money for your injuries.
The clock typically starts ticking on your time limit as soon as your injury happens. An exception to this rule is if your injury was so severe you physically couldn’t file your case for awhile, in which case your statute of limitations begins as soon as you’re no longer incapacitated.
In Mississippi, the statute of limitations for personal injury lawsuits is usually three years.
How Much Money Can I Recover?
In a personal injury case, you can try to recover damages for any cost that wouldn’t have existed if the injury had never happened, but to a limit. Your non-economic damages, such as your pain and suffering, usually can’t exceed $1 million. For medical malpractice cases specifically, the limit is $500,000.
With Mississippi’s specific rules for filing personal injury cases, it could be in your best interest to consult with an experienced local injury attorney before you take any immediate action. They can help you evaluate your evidence, file your claims, and represent you in court. Working with someone who knows the ins and outs of the Mississippi court system can help you get the best outcome from your case.