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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.