Mississippi Personal Injury Lawyer
1000 Highland Colony Park, Suite 5203
Ridgeland, Mississippi 39157
In general, any injured party can file a personal injury lawsuit in the
State of Mississippi. If the accident victim is a minor (under 21 years
old) or has been ruled to be incapable of managing their own affairs,
a court may appoint a guardian who is given the authority to sue on behalf
of the accident victim. In certain cases a court can, at its discretion,
allow a person who is at least 18 years of age to sue for damages.
Can I File a Lawsuit Even If I May Have Been Partially At-fault?
Under Mississippi civil law, you can file a lawsuit asking for payment
of damages regardless of the extent to which your own actions contributed
to your injuries. However, any damages that are awarded will be reduced
by the degree that an accident victim’s actions contributed to his
or her injuries.
What Types of Damages Can I Expect to Recover in a Personal Injury Lawsuit?
Mississippi allows a plaintiff to recover both “economic” and
“non-economic” damages from a single defendant or a group
of defendants. The amount of “economic” damages awarded will
usually depend on the circumstances of the injury and the financial hardships
placed on the injured party as a consequence of that injury.
In general, economic damages in a personal injury case may include:
- Lost income from wages or self-employment,
- Medical expenses that are directly related to the injury,
- Repair of replacement of any property that was damaged or destroyed,
- In cases of injury resulting in death, funeral and burial expenses, and
- Attorney fees and court costs related to probate of a will or any costs
resulting from a death of a person who did not have a will
“Non-economic” damages, sometimes called “punitive”
damages, are sometimes awarded to compensate accident victims and their
families for “intangible” issues such as “pain and suffering,”
or the disruption of normal family life. Damages of this type are not
always sought in every case, and any such damages awarded are subject
to being “capped” under Mississippi’s Tort Reform Act.
The procedure used to reach this “cap” can be complicated and
varies from case to case. A Mississippi personal injury lawyer will understand
how this process is applied and will advise his or her client on the best
course of action.
After an Injury, How Long Do I Have to File a Lawsuit?
Even though the right to file a lawsuit after an injury is a cornerstone
of our American legal system, this right is not “open-ended.”
As is the case in every other state, the State of Mississippi places time
limits during which a personal injury lawsuit must be filed. These time
limits, known as the statutes of limitations, must be respected or you
will forfeit your right to bring a lawsuit in the Mississippi courts.
The statutes of limitations, like any other aspects of the law, are subject
to change by the state legislature. As of the time that this page was
written, the statute of limitations that will most often apply to personal
injury cases sets a time limit of three (3) years from the date of injury
unless the injury is due to medical malpractice. Medical malpractice claims
must be filed within two (2) years from the date on which the act of malpractice occurred.
There are occasions on which the exceptional circumstances of a case can
affect how the statutes of limitations are applied. Since these exceptions
are usually very technical in nature, it is essential that such cases
be discussed with a personal injury lawyer who has experience in trying
such cases in the Mississippi courts.
Why You Need a Mississippi Personal Injury Lawyer
After an accident, it is not unusual for a victim to experience financial
hardship due to unplanned- for medical expenses, finding alternative transportation,
and even for lost wages or other income because of injury. Since we believe
that no one should be deprived of their legal right to compensation because
of their temporary inability to pay for legal advice, our firm is often
willing to represent clients on what is known as a contingency fee basis.
Under this arrangement, our firm will assume all monetary responsibility
for preparing your case for trial in exchange for an agreed-upon percentage
of the final settlement that we will either win for you in court or negotiate
on your behalf.
If you have any questions concerning your right to receive compensation
after an accident, please feel free to contact our firm at any time.
The Doan Law Firm 1000 Highland Colony Park, Suite 5203 Ridgeland, Mississippi
39157 (601) 875-0000