Mississippi Personal Injury Law
In Mississippi, you must prove that you have been injured by another party’s careless or reckless actions to win a personal injury claim. Personal injury victims can file one of several types of personal injury suits against the responsible parties. Some of the key principles of personal injury law are as follows:
Negligence is the failure to use reasonable care. Negligence is present when an individual’s careless act or failure to act has caused injury. While the act may be unintentional, the defendant may still be liable for damages. There is often liability insurance for acts of negligence, provided by the auto insurance, the homeowner’s insurance, or another general liability insurance policy.
Strict liability generally applies to product liability, which are claims filed against manufacturers and suppliers for dangerous products that cause injury, and to dog bite claims against dog owners. Liability insurance is often available to compensate victims who suffer personal injury as a result of the strict liability of the responsible party.
Intentional or reckless misconduct is the malicious or intentional infliction of harm that results in an injury or death. If the misconduct results in death, the family of the victim may recover punitive damages under some circumstances.
Comparative negligence may arise when the actions of the injured person have contributed to his or her own harm. If the plaintiff is comparatively negligent, that will reduce the amount of the award. The negligence is divided between the injured party and the defendant and the damages are reduced accordingly.
Damages are awarded to victims who have suffered personal injuries or wrongful death as a result of the misconduct of another individual or business. In Mississippi, damages are awarded for special damages, including medical bills and lost earnings, for scarring and disability, for loss of enjoyment of life, for loss of consortium, and for pain and suffering. Punitive damages may be awarded in some wrongful death cases.
PERSONAL INJURY and WRONGFUL DEATH
Personal injury and wrongful death cases are technical and can be complex. The Weir Law Firm has experience before administrative boards, trial courts and appellate courts, and have prevailed on claims for the most serious personal injuries.
Personal injury and wrongful death cases are always emotional. While you are upset or grieving, you should not make any major decisions that will limit any future recoveries without consulting an attorney. You should not enter into any settlement, sign any release or accept any money in exchange for releasing an individual, corporation, or insurance company from liability without first knowing what insurance coverage or other redress is available to you and your family.
Weir Law Firm can help you decide your best course of action and can develop the best legal strategy for demonstrating your claim.
TYPES OF PERSONAL INJURY CASES
At the Weir Law Firm we handle a wide variety of personal injury and wrongful death cases, including those involving:
- Motor Vehicle Accidents
- Premises Liability (including a slip and fall accident and the failure to warn of a danger on the premises)
- Bicycle Accidents
- Pedestrian Accidents
- Physical and emotional injuries in these cases may come in all varieties. The following are some examples of the types of injuries that may be the subject of a personal injury claim.
- Traumatic Brain Injuries, Closed Head Injury, and other Injuries resulting in Severe and/or Permanent Brain Damage
- Joint, Spinal Cord, Neck, and Back Injuries
- Fractures and Dislocations
- Other Severe, Permanent, and Crippling Injuries, as well as injuries of lesser severity
ACT NOW BEFORE THE STATUTE OF LIMITATIONS RUNS OUT
Because the Statute of Limitations applies to these cases, victims have a limited time frame in which to file their case. If you feel you have a personal injury or wrongful death case, it is vital that you act immediately to protect your rights.