Jackson Personal Injury Attorney
Helping You Recover
Accidents happen every day, but when you are injured due to someone else’s negligence, you deserve to be compensated for your injuries. While you may not consider it before one occurs, even a relatively minor injury can have serious, cascading consequences. If you receive medical care or have to go to the hospital, for example, you will likely be with substantial bills. If this precludes you from going to work, you will potentially lose income. And should your injury be severe enough to cause long-term or even lifetime physical or emotional suffering, the costs can be calculable.
Who will pay for your hospital bills, any damaged property, and your lost income? A successful personal injury claim can help you recover monetary damages from the person or entity responsible to cover these and other costs.
Our Jackson personal injury lawyer at Irvin Law, PLLC can work to help you recover the maximum amount of damages possible. Our team will evaluate every facet of your case to determine the best approach to your claim. We have a complete knowledge of personal injury law and how these cases are adjudicated in Mississippi.
What to do if you are in an Automobile accident in Mississippi?
Though your insurance company may be able to recover some of the costs associated with experiencing a car accident, the extent of your injuries and property damage may warrant additional action. This is especially true when another motorist demonstrated gross negligence that caused the wreck. We can assess the facts of your case and advise whether you have a claim. In pursuing your case, our firm will work to get the maximum amount of damages possible to cover your healthcare, lost income, damaged property, and physical and emotional suffering.
Should you become involved in any type of auto accident, the most important thing to do first is confirm that everyone involved is physically safe. After any appropriate medical help has been summoned, make sure to get the contact and insurance information from the other motorist. No matter type of injury you have suffered, you have the right to not worry about how you will pay for your medical care, damaged property, and lost income.
If any injury occurred due to the crash or the incident appeared to cause at least $500 in property damage, you are required to contact law enforcement in the state of Mississippi. If the incident took place in an incorporated municipality, you should call the local police department. Otherwise, you can call a sheriff’s office or highway patrol station. The resulting law enforcement incident report could prove crucial in an ensuing personal injury case.
You have 3 years from the date of an accident to bring a personal injury claim against a negligent driver. For cases involving wrongful death, you have 3 years from the date of a person’s passing. Personal injury claims brought outside this statute of limitations are likely to be dismissed outright.
Mississippi evaluates auto accident personal injury claims for comparative negligence. This means that the court and jury will attempt to ascertain not only who was responsible for the accident, but how much they were responsible.
In some cases, this will be open and shut: A driver demonstrated clear negligence by texting and driving, swerving off the road and hitting another car. A jury would likely find the negligent driver 100% responsible, allowing the injured party to collect the full amount of damages they are entitled to.
In other situations, a jury can find split negligence. A driver who injured you may be assigned 80% of the blame, while you are assigned 20%. Because the other driver demonstrated a majority of the negligence that caused the crash, you still have the right to collect damages, but your total award will be reduced by the amount of your comparative negligence – in this case, 20%.
Our Jackson personal injury attorney can assist you with a wide variety of automobile-oriented cases, including those involving:
- Large Trucks
The approach to each case will vary depending on the types of vehicles and drivers involved and the extent of the injuries incurred.
Dog Bites in Mississippi
Most dogs are friendly and pose no threat to anyone, but in some situations, an irate domesticated animal can cause serious injuries. The state of Mississippi operates under a version of the “one bite” rule when adjudicating dog attack cases. There is no statute of limitations.
The “one bite” rule posits that a dog owner cannot be held liable for their animal’s first attack. In other words, if a dog had no previous history of attacking people, its owner cannot be sued if the animal injures someone without warning. A dog owner can only be held liable if the dog attacks someone – anyone – in a second incident.
Of course, if you have suffered a traumatic dog attack, you are probably not thinking about whether the animal has attacked someone before. You are concerned about what recourse is available to you. While it may seem like a dog gets an initial free pass, no matter how much they injured you, the truth is the “one bite” rule is not strictly necessary to holding a negligent dog owner liable in certain situations.
For a dog owner to be held liable for damages in Mississippi, the following must be true:
- The dog has a dangerous propensity or disposition. This means they display outwardly aggressive behavior. Certain breeds known to be more dangerous can also be used to argue this point.
- The dog owner was aware of the dog’s propensity or disposition. This factor is often the trickiest element of a dog attack personal injury claim. Proving this can be straightforward if the dog has attacked someone else before, fulfilling the “one bite” rule. It can also be demonstrated if the owner observed the dog previously displaying dangerous behavior or if someone else warned them.
- The dog owner knew or should have known the dog could attack. If the dog owner was aware of the dog’s propensity or disposition, they should have taken clear and effective steps to prevent an incident. This can include chaining the dog in a yard, keeping them on a short leash, or other proactive steps to avoid injuries.
Mississippi’s reliance on the “one bite” standard can leave those injured in dog attacks in a tough spot. Our team can do everything possible to ensure you recover the damages you deserve and that negligent dog owners are held accountable.
Medical Malpractice in Mississippi
Hospitals, doctors’ offices, and other places of medical care are meant to be safe havens of recovery. When medical professionals fail to uphold their oaths and exhibit negligence that causes you greater injury, you deserve to be fairly compensated.
Mississippi operates under a complex and at times inscrutable set of laws and rules when adjudicating cases involving medical malpractice. Healthcare professionals tend to aggressively protect themselves in these situations, and you will likely require experienced legal assistance in order to successfully bring a claim.
For most medical malpractice injuries, you have 2 years from the date of the incident to file a claim. However, there are some situations where you may not initially discover that malpractice led to an exacerbated or new injury. In these cases, you will have 2 years from the date the new injury was discovered. There is an upper statutory limit of 7 years regardless of when an injury was discovered.
If a medical malpractice injury involves a child under the age of 6, a family has until the child turns 8 to file a claim. Should medical malpractice result in wrongful death, a family has 3 years from the date of death to sue.
It is important to understand that Mississippi enforces strict and sometimes confusing limits on damages that can be awarded to those injured by medical malpractice. In many personal injury cases, for example, an injured party can attain a significant monetary award for physical and emotional pain and suffering associated with the injury. In a medical malpractice case, the state requires that noneconomic damages not exceed $500,000 in total.
Punitive damages against a negligent healthcare professional can be pursued, but willful malice or gross negligence must be sufficiently demonstrated. Furthermore, the maximum amount of punitive damages that can be awarded are tied to the injured party’s net worth.
With that said, you deserve to be compensated for your injuries when you are the victim of medical malpractice. Our firm can help you navigate Mississippi’s labyrinthine laws in this area and recover the maximum amount of damages possible.
Slip and Fall Injuries in Mississippi
Both commercial and residential property owners have a responsibility to keep their facilities safe for visitors. When an improperly maintained space results in a brutal fall, you may be wondering if you can hold the property owner or manage liable for your injuries.
“Slip and fall” accidents fall under an area of personal injury law called “premises liability.” If a facility owner was negligent in their maintenance of the property, there is a good chance you can recover damages for your injuries.
You have 3 years from the date of a slip and fall accident to file a personal injury claim. Note that you can also file a claim for any property that was damaged as a result of the incident, including your smartphone or watch.
Premises liability cases are adjudicated under the comparative negligence standard. The court will assess both parties’ role in the accident and determine who was more at fault. If there was no notice of an unsafe condition and you were alert when it occurred, you will likely not be assigned much or any blame. An injured party could see some share of the negligence if they were not paying attention when the injury occurred, they were in a place they were not supposed to be, or if the hazardous area was clearly marked or cordoned.
So long as the property owner is found to bear a majority of the negligence, you have the opportunity to recover damages in a slip and fall case. Our legal team can assist you in receiving compensation for your injuries, damaged property, medical care, lost income due to missed work, and any continued physical or emotional suffering.
Worksite Injuries in Mississippi
Your employer must ensure a safe workplace for all of its employees. When their failure to uphold this responsibility leads to your being injured while on the job, you will need to navigate the state of Mississippi’s workers’ compensation system.
No matter how you were injured at a worksite, you must act quickly. You are required to report the nature of the accident and the extent of your injuries to your employer within 30 days of the incident, though the sooner the better. You will have 2 years from the date of the accident to file a workers’ compensation claim.
Our firm can assist you with numerous types of workers’ compensation claims, including those involving:
- Construction accidents
- Exposure to hazardously loud noises
- Factory accidents
- Industrial accidents
- Repetitive stress injuries
- Slip and fall incidents
- Workplace vehicle accidents
Fighting for Your Recovery
Our Jackson personal injury attorney at Irvin Law, PLLC is committed to relieving the burdens of those struggling to recover from their injuries. Let us worry about the paperwork and legal action so you can focus on getting better. When you meet with our team, we will conduct a thorough review of your situation and determine whether you have a case.