What is personal injury?
The concept of personal injuries is
old and it has been addressed by many jurists in the ancient times. There have
been legal maxims and the principles of natural justice that highlight the very
concept. In this article personal injury
in Mississippi perspective is discussed in detail.
Personal injury is a famous legal
term used at almost all places around the world. This term is specific to the
injuries that are related with the emotions, mind, reputation and body of
humans. The concept of personal injury is basically covered under the law of
torts. There are basically two types of injuries that are caused to humans
under the law of torts. The first ones are the personal injuries and the second
ones are the injuries to properties. Both these areas of injuries can be
further classified.
Personal injuries can be of bodily
nature such as injuries to body parts, mental injuries and to reputation. The
injuries to reputation can be further classified into slander and libel. Both
these forms of injuries are covered under defamation law at most places around
the world. There are special laws of defamation at some places around the world
and at some places that is dealt under the civil and criminal law depending
upon the nature of defamation. That means there can be a civil personal wrong
and criminal personal wrong. However personal injury is usually criminal in
nature and it falls under criminal wrong.
There is a suit for personal injury
filed specifically related to the type of injury suffered by the person filing the
suit. That person is known as plaintiff and the person against whom the
allegations of causing injury are made is known as defendant. The defendant can
be a legal person or an ordinary person. That means personal injury can be
inflicted to an individual by another individual or by a business in its
capacity of being legal person. In both ways a person suffers loss and injury
and against that remedy is available.
Personal injury cases can be
intentional and they can be unintentional. There can be personal injuries that
are caused accidently and punishment for the same is always less in comparison
with cases that involve intent of the wrong doer. In order to prove whether a
personal injury is intentional or not the process of litigation goes on. That
process is often referred as a trial because some personal injuries can even
amount to death of the victim. The onus of proof lies on the plaintiff in the
case of personal injury. The defendant has to defend the case against the
allegations raised by the plaintiff in the plaint in a personal injury case.
Personal injuries can be caused
because of negligence of persons. Abusing someone also amounts to personal
injury. There can be plenty of other ways of personal injuries that are
inflicted to persons. The term has various definitions that are followed and
practiced all around the world. The concept is also very much famous in the US
state of Mississippi. Now let us look at personal
injury in Mississippi in detail.
What types of settlements are awarded
in Mississippi?
An aspect of personal injury in Mississippi is that there is irreparable loss to
the end of person suffering from it in majority of the cases. There are usually
no ways to rescue the situation of personal injuries other than to compensate
the person suffering injury. That is why the courts usually award a
compensation amount equal or slightly lesser then the claimed one. That is why
there are many people that get a handsome amount in compensation against the
suffering from personal injury in Mississippi.
There are out of court settlements as
well as settlement amounts won in cases by the parties. There are jury verdicts
and decrees in the favor of persons suffering loss in shape of personal
injuries. The jury verdicts and decrees are announced after the completion of due
process of litigation. On the other hand the out of court settlements are made
between the parties during the pendency of suits or at times even before filing
the suit when legal notices are sent.
One of the best practices for getting
out of court settlements in Mississippi is to engage a professional law firm.
That law firm can best pursue the matter in the favor of its client and can get
the maximum relief when possible. There are many good law firms in Mississippi
that are in habit of winning large awards in settlements for their customers. In
recent times there are many people that got good settlements awarded in their
cases in Mississippi. One can find cases of settlements amounting from few
thousand dollars to million dollars or more. There have been cases in which
people won more than three million dollars in recent years. Things are very
much dependent upon the nature of loss and the compensation claimed by the
person suffering from personal injury in
Mississippi.
What are the most common personal injury accidents in Mississippi?
There are many personal injury
accident cases that happen in Mississippi every day. They are of different
nature including automobile road accident cases, medical negligence cases,
wrongful death cases, vehicle collision cases, medical malpractice cases,
nursing neglect cases, cases of personal injuries during working hours to
workers while performing jobs, passenger injury cases, food injury cases, and
plenty of others.
In some of the cases the victims face
temporary loss while in some of the cases they face permanent loses. For
example death of a victim is a permanent loss and similarly many injuries
amount to the same. Another aspect is that the person causing personal injury
is not always involved in the act. There can be injury because of omission of
an act which the person is liable to perform. For example in a personal injury
case in Mississippi a worker was awarded compensation against the employer because
the worker fell down from top of a building and got badly injured during the
work. The employer was held liable because the worker was performing his duty
and proper safety measures were not available at the working site. It was the
responsibility of the employer to ensure proper safety of the employees at that
site.
The most common kind of personal
injuries in Mississippi are caused in the road accidents. They are accidental
in nature in most of the cases but still the person suffering gets a handsome
amount in settlement. The reason is that the driver causing injury to the other
is usually negligent and the victim suffers injuries because of that. There are
wrongful deaths and grievous hurts caused in routine bases because of negligent
driving. The young and the old people that are victim of that suffer physical
as well as mental losses in these accidents and hence they get a good amount in
settlement if they remain alive otherwise their legatees get the same.
What is the case law dealing with personal
injury in Mississippi?
There are various statutes dealing
with personal injury around the world. When it’s about personal injury in Mississippi then there is one major law
governing the entire concept and it is called as Mississippi Code of 1972. There
are basically three major statutes that are applicable in Mississippi. These
are the Constitution of the United States of America, Constitution of the State
of Mississippi and Mississippi code of 1972. Mississippi Code of 1972 is a
comprehensive statute as it covers almost all the laws, rules and regulations
in the state. It has many chapters that are dealing separately with the
offenses related to personal injury and with other fields of law. It is a
beautiful statute because it covers the procedures of courts, the civil laws,
the criminal laws, the business laws, employment laws, traffic regulations and
all the other laws related with Mississippi. It is very much informative for
the inhabitants of the State.
There are different limitations for
claiming compensations under the laws of Mississippi when it’s about personal
injury. If the personal injury is caused intentionally by the wrong doer then
limitation for claiming it against such person is one year. In cases of
wrongful death the limitation is also one year. Similarly if the personal
injury is caused because of the negligence of the person injuring then the
limitation is three years. For medical malpractices the limitation is two
years. If a personal injury in
Mississippi is caused by any product then the limitation against such kind
of personal injury is three years.
Mississippi is one of the states of
USA that follows the theory of comparative negligence in dealing with personal
injuries. For the same reasons it is also referred as fault state and high
damages are awarded to persons sustaining personal injuries. The person causing
the damage has to suffer a lot while the person suffering usually gets a good
compensation for the wrong done against him/her. The laws of Mississippi are
very much in the favor of victims in this regard. That makes the situation
alarming for the wrongdoers and most of the wrong acts are not performed
because of good examples of punishments to wrong doers by the courts of law.
There are different theories of
personal injuries applicable in Mississippi. For example in cases of automobile
accidents the negligent driver is always held liable for the losses of
pedestrians, other drivers and passengers depending upon the sufferings. The
liability extends to personal injury as well as the injuries to properties of
such victims. Similarly in cases where products are sold and they cause
personal injury to the consumers then the liability goes to the manufacturers,
distributors and designers of those products unless the injury is self
inflicted by the consumer.
In cases of wrongful death the
liability extends to decedent’s estate. There are many factors that should be
considered for awarding settlement to the family of deceased in the cases of
wrongful death. These factors include the age, education and salary and the
affect of companionship and affection on the family of deceased. In cases of
medical malpractice the liability is always of the persons involved in such
malpractice. There can be large settlements awarded in these cases depending
upon the nature of injuries that happened to the victim because of medical
negligence. At times it also happens that people get injured by accidently
entering in the property of other persons. In such cases the owners of such
properties are held liable if they haven’t protected such properties with due
diligence in Mississippi. Similarly in cases where a warning is required then
it should be there otherwise liability will be there.
One of the great laws of Mississippi
is the Workers Compensation Law that deals with the personal injury cases of
workers. The workers should be injured at the workplace or they should be
injured during the ordinary course of business during the working hours while
working for the employer for the eligibility of compensation under this law. The
amount of compensation is paid from the insurance because the employers are
bound to go for workers insurance when they work in Mississippi. There are
usually two things that are part of the insurance claim under this law. One is
the medical treatment of workers and the other is the settlement amounts of
injured workers. This law is not applicable on the private contractors of
Mississippi working independently.
How do I pick an attorney to represent me in a personal injury case in Mississippi?
There are many ways to find an
attorney for representation in a case in Mississippi. The world has technically
advanced many folds in recent years. There is a great convenience of internet
available at almost all places. The people looking for a suitable attorney can
find one sitting at home. A benefit which the people have in this era is that
they can search for an attorney by using the traditional ways as well as by all
the modern ways possible.
There are directories of lawyers,
offices of lawyers and customers of lawyers from which valuable information can
be taken. Similarly there are websites of lawyers/attorneys that show their
expertise in the field. There are many law websites that can be best used for
guidance because they are there to assist their users. They provide their users
some valuable information regarding personal
injury in Mississippi as well as they allow them to have an option to
search the lawyer from their list of lawyers. Many people end up finding a good
lawyer that way.
There are some excellent lawyers in
Mississippi that are specialized in personal injury cases. It is best to
consult them as they can give an expert opinion because of their experience in
the field. A good aspect about online lawyers is that they can be consulted
over the internet and their customers can meet them once they find them
capable, competent and law knowing. Some of the websites of lawyers also have
online chatting options for prospective customers. They guide them with the
course of action when a personal wrong has been infliction to them by someone
else. That gives an option to customers to select the best lawyers and law
firms that can pursue their cases in the best manner.
A question arises that how can a
person search some good websites when they are required for assistance in a
case related with personal injury in
Mississippi. A simple and straight answer to that question is that these
websites can be searched with the help of search engines. For example if a
person is looking for a personal injury attorney in Mississippi then he/she has
to enter a keyword in the search engine and all the websites related to that
keyword will appear in the search engine results. That keyword can be
“Mississippi personal injury attorney” that can be placed in the search engine
for getting the desired results.
There are many good search engines
and we all know about them. We can choose anyone of them such as Google for
searching the desired websites. It is always best to go through several
websites before selecting any particular attorney or a particular law firm for
the job. A user can always obtain information from multiple websites by reading
the content on their pages. There are many websites that are dealing with matters
of personal injury in Mississippi. One
can find them easily and can visit them one by one. A good aspect is that all
of the websites in this aspect are highly professional and when users visit
them one by one then they can get the best idea about proceeding further in the
matter.
There are many wise users that are in
habit of reading and writing stuff on blogs and forums. That is a healthy
practice and that can be very much beneficial in selecting a good personal
injury attorney in Mississippi. There are hundreds of legal forums and blogs that
are operating from different states of USA. From those forums some valuable
information can be obtained. The users can view the comments that are submitted
by people having experience of cases of personal
injury in Mississippi. By reading such comments the users can form an
opinion regarding proceeding further in their personal matters. There are many
young lawyers that also obtain information from valuable sources like these for
learning the various aspects of this profession. A person having experience of
that knows that well because that kind of search can help in many walks of
life.
Summary/ Other resources
The success of every society and
community is in the effective justice system. When justice is there then the
society and community is prosperous and when injustice is there then there is
unrest. The overall judicial system of USA is very much justice giving in
comparison with the majority of the countries around the world and Mississippi
is one of the places that are having the best practices of justice in it. There
are not only the laws related to personal injuries in Mississippi that are
having great standards rather the whole system of justice in the State has high
standards in the similar manner.
There has been lots of argumentation
on personal injury laws in Mississippi. Some people criticize them while
majority of the people love them. A great aspect about the laws of personal
injury in the State is that they give relief to the aggrieved persons. They are
result producing because many people are cautious about their responsibilities
and liabilities that way. Many habitual offenders do not commit offenses with
the fear that they might have to give huge amounts in settlements when they
commit an offense against someone.
The people residing in Mississippi
know that if anyone infringes their rights then such person can be taken to
task. They can easily approach the court of law and get the remedy if they have
clean hands. The only thing they have to do is to consult the attorneys of personal injury in Mississippi and hire
them for services when required. It is best to have awareness of personal
injury laws and a fact is that most of the citizens in Mississippi know the
laws well. They are well aware about the course of action they have to adopt
once they are a victim of personal injury.
Some of the great resources for
obtaining information regarding personal
injury in Mississippi are:-
Apart from these resources there are
hundreds of other websites that are having valuable information regarding the
cases of personal injury in Mississippi.
There are legal magazines, law books and other publishing materials also
available at many places in Mississippi from where plenty of information can be
obtained with an ease and comfort.
The most important factor in dealing
with personal injury is that the person suffering from the same should not
waste time. As soon as the injury is suffered or there is a realization of
injury such person should take an appropriate action. He/she should consult
lawyers and read the content related to it. Such person should approach the
court of law in the best possible manner in the shortest time possible so that
chances of getting a settlement are more. The more delay is there the weaker
becomes the matter and a time comes when the suit becomes time barred because
of limitation laws.
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