How to File a Personal Injury Lawsuit in Mississippi

After being injured in an accident, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering. However, the process of filing a personal injury lawsuit can be complex and overwhelming, but with the right guidance and support, you can successfully navigate the legal system and get the compensation you deserve.

In this comprehensive guide, the experienced personal injury attorneys at Brown, Bass & Jeter will walk you through the steps involved in filing a personal injury lawsuit in Mississippi.

What Is a Personal Injury Lawsuit?

A personal injury lawsuit is a claim filed by an individual who has suffered physical, emotional, and/or financial harm due to the negligence or intentional actions of another party. The goal of a personal injury lawsuit is to seek compensation for the claimant’s losses.

Types of Personal Injury Lawsuits

Personal injury lawsuits cover a wide range of cases, including:

• Car accidents: These are among the most frequent types of personal injury cases.
• Truck accidents: Accidents involving commercial trucks often result in severe injuries due to the size and weight of these vehicles.
• Motorcycle accidents: Motorcyclists are particularly vulnerable in accidents and often suffer serious injuries.
• Premises liability: These cover incidents that occur on someone else’s property, like slips and falls due to hazardous conditions, theft or assault due to inadequate security, or dog bites due to an unrestrained animal.
• Medical malpractice: This occurs when healthcare professionals fail to provide an appropriate standard of care, resulting in harm to the patient.
• Product liability: These lawsuits are filed when a defective product causes injury or illness.
• Wrongful death: When someone dies due to another’s negligence or wrongdoing, surviving family members may file a wrongful death lawsuit.
• Workplace accidents: Accidents that happen on the job can lead to personal injury claims, especially in high-risk industries.
• Assault and battery: Intentional acts of violence can result in personal injury lawsuits
• Nursing home abuse and neglect: Elderly individuals in nursing homes are sometimes victims of abuse or neglect.

This is not an exhaustive list, and there are many other types of personal injury cases.

Who to Sue: Legally Responsible Parties

Determining who to sue in a personal injury lawsuit can be complex, as multiple parties may share responsibility for your injuries.

Here are just a few parties that may be held liable:

Negligent Individuals

This could be the driver who caused your car accident, a property owner who failed to maintain safe premises, or a doctor who committed medical malpractice.

Employers

Under the legal doctrine of respondeat superior, employers may be held liable for their workers’ negligent actions that occurred within the scope of the job. For example, a trucking company might be liable for an employee’s negligent driving.

Product Manufacturers

If a defective product caused your injury, you might be able to sue the manufacturer under product liability laws.

Government Entities

If your injury occurred on government property or was caused by an employee’s negligence, you may be able to file a claim against the government entity. However, special rules and deadlines often apply in these cases.

What to Sue For: Legal Claims and Damages

When you file a personal injury lawsuit in Mississippi, you’ll be seeking compensation for the damages you’ve suffered as a result of the incident. These damages can be categorized into two main types: economic damages and non-economic damages.

Economic damages are meant to compensate you for tangible, quantifiable losses that can be easily calculated.

They include:

• Medical expenses: Medical costs such as treatment, hospital bills, doctor visits, surgeries, medications, physical therapy, and rehabilitation.
• Lost wages: If your injuries prevent you from working, you can seek compensation for the income you’ve lost and will continue to lose in the future.
• Property damage: This covers the cost of repairing or replacing any property damaged in the accident, such as your vehicle.
• Other out-of-pocket expenses: This includes other costs resulting from your injuries, such as home modifications, assistive devices, or transportation to medical appointments.

Non-economic damages compensate you for intangible losses that are more difficult to quantify but are no less real.

They include:

• Pain and suffering: This compensates you for the physical pain and emotional distress you’ve experienced.
• Mental anguish: This covers the psychological impact of your injuries, such as anxiety, depression, or post-traumatic stress disorder.
• Loss of enjoyment of life: This compensates you for the loss of activities and hobbies you can no longer participate in.
• Loss of consortium: This is available to the spouse of an injured person and compensates for the loss of companionship, intimacy, and support.

In rare cases, punitive damages may also be awarded. These are designed to punish the defendant for particularly egregious conduct and deter similar behavior in the future.

The Mississippi Personal Injury Statute of Limitations

The statute of limitations is a crucial legal deadline that determines how long you have to file a personal injury lawsuit. In Mississippi, the general statute of limitations for personal injury cases is three years from the date of the injury. This means you must file your lawsuit within three years, or you risk losing your right to seek compensation.

However, there are some exceptions to this rule:

Medical Malpractice

The statute of limitations for medical malpractice in Mississippi is generally two years from the date of the incident or two years from the date the alleged malpractice should have been discovered — whichever occurs later.

Minors

If the injured party is a minor, the statute of limitations may be extended until the child turns 18 or a certain number of years after they turn 18, depending on the specific circumstances of the case.

Claims Against Government Entities

Claims against government entities often have shorter statutes of limitations and specific notice requirements.

Where to Sue: Choose the Correct Court

Determining the appropriate court to file your personal injury lawsuit in Mississippi is essential for a successful outcome.

First, consider the jurisdiction. Most personal injury cases in Mississippi are filed in state court. However, a federal court may have jurisdiction if your case involves a federal law or if the parties involved are from different states and the amount in controversy exceeds $75,000.

Next, the venue:

• County of the defendant’s residence: Generally, you can file your lawsuit in the county where the defendant resides.
• County where the accident occurred: If the defendant is a business, you may also have the option to file in the county where the accident or incident occurred.
• Agreement of the parties: In some cases, the parties may agree to file the lawsuit in a different county for convenience or other reasons.

Finally, you may need to file in a specific type of court. Most personal injury cases in Mississippi are filed in the Circuit Court, which has jurisdiction over civil cases with higher damage amounts. But for small personal injury claims (typically under $3,500), you may be able to file in Justice Court, which has a simpler and faster process.

How to File a Personal Injury Claim in Mississippi

The personal injury claim process entails several steps that are crucial for protecting your rights and maximizing your potential compensation.

Here’s a step-by-step guide on how to proceed:

1. Seek Medical Attention

Your health and safety are paramount. Seek medical attention immediately, even if you feel fine. Some injuries may not manifest symptoms right away, and your medical record can serve as a crucial piece of evidence.

2. Document Everything

Keep a detailed record of everything related to the accident and your injuries. This includes photos of the accident scene, medical records, and any other relevant documents.

3. Gather Witness Information

If there were any witnesses to the accident, obtain their contact information since their testimony can be valuable in your case.

4. Report the Incident

If applicable, report the accident to the relevant authorities (police, property owner, employer).

5. Preserve Evidence

Keep any damaged property or clothing as evidence.

6. Consult an Attorney

Contact a personal injury attorney as soon as possible. They can guide you through the legal process, protect your rights, and ensure you receive fair compensation for your injuries.

7. Prepare the Complaint and Summons

The complaint is a document that initiates your lawsuit. It should clearly outline:

• The parties involved in the case
• The details of the incident — when, where, and how you were injured
• A description of your injuries
• The basis for holding the defendant legally responsible for your injuries
• The type of relief or damages you are seeking

The summons is a legal form that notifies the defendant of the lawsuit and compels their response. You can usually find a template on the local court’s website.

8. File the Complaint and Summons

Bring the completed summons and complaint to the appropriate Mississippi court clerk’s office. You may need to provide several copies, so check with the clerk regarding the exact requirements.

You’ll need to pay a filing fee, which typically ranges between $100 and $300. If you cannot afford the fee, you can request a waiver. The clerk will then stamp the summons and complaint with a court seal, officially marking them as filed.

9. Serve the Defendant

After filing, you must serve the defendant with the complaint and summons. This process must be done according to specific rules outlined in the state’s civil procedure, ensuring the defendant receives the documents in a legally acceptable manner.

The documents must be served within a specified timeframe, generally 30 to 60 days after filing. Failure to serve the defendant correctly and within the allotted time may lead to the dismissal of the case.

10. Participate in the Discovery Phase

Once the defendant responds, the discovery phase begins. Both parties exchange information and evidence related to the case, including witness testimonies, medical records, and other pertinent information that can help clarify the facts of the case.

11. Go Through Negotiations and Settlement

Many personal injury cases are settled out of court, and your attorney will negotiate with the defendant or their insurer to reach a settlement that covers your damages.

12. Go to Trial If Necessary

If a settlement cannot be reached, your case will proceed to trial. During the trial, both sides present their arguments, and a judge or jury will make a final decision on liability and damages.

How Much Is My Personal Injury Lawsuit Worth?

Determining the worth of a personal injury case can be challenging as it heavily depends on the specifics of each individual situation.

Generally, the value of a personal injury claim is influenced by several key factors:

Clarity of Fault

The more clearly another party is at fault for your injuries, the stronger your case. Clear liability often leads to better settlement offers from insurers because there is less ambiguity regarding responsibility.

Severity of Injuries

The nature and severity of your injuries play a critical role in the valuation of your claim. Severe injuries that lead to significant physical and mental pain and suffering, long-term disability, or permanent changes to your lifestyle and ability to work are typically compensated more highly.

Impact on Life

How the injuries have affected your daily life is another crucial factor. This includes ongoing pain, emotional trauma, loss of enjoyment of life, inability to engage in previous activities or hobbies, and the necessity for ongoing medical care.

Economic Losses

This includes all out-of-pocket expenses related to the injury, such as medical bills, rehabilitation costs, lost wages, and loss of future earning capacity. Accurately calculating both past and future losses is essential for a comprehensive claim.

Get Help with Your Mississippi Personal Injury Case

Personal injury law is complex, and each case carries its unique challenges and nuances. However, you don’t have to face it alone.

Contact an experienced personal injury lawyer at Brown, Bass & Jeter today to schedule a free consultation. Call us now or fill out the form below to learn more about how we can assist you with your Mississippi personal injury case.