FAQs

Personal injury law, also commonly referred to as tort law, is for people who have been injured due to someone else’s negligence. Personal injury law makes it possible for the injured person to appear in civil court and present a legal claim for financial compensation for all of their losses arising from the accident that caused their injury. 

The intended goal of personal injury law is to provide the injured party with this financial compensation so that they can be monetarily reimbursed and made whole after they have endured an injury because of somebody else’s recklessness, lawlessness, or malicious behavior.

There are a countless number of situations in which personal injury rules would be applicable:

Accidents: Someone has acted in a careless or negligent manner, and that negligence has caused injury or some other kind of harm to another person. Good examples of this are auto accidents, slip and fall accidents, and medical malpractice.

Intentional Acts: The defendant’s deliberate actions have caused injury or harm to someone else. A good example of this is assault and battery.

Defective Products: There are also some instances when the defendant is able to be held accountable for injuries even without any negligence or purposeful wrongdoing.   Good examples of this are product liability claims that are brought against companies who produced a defective product.

Defamation: Somebody’s defamatory comment or allegation has caused undue harm to someone else’s name or reputation.

Personal injury attorneys primarily operate on a contingency fee arrangement. This permits their clients to retain the legal services of a professional attorney without any money out of pocket upfront. Were it not for this type of payment arrangement, most injury victims would not be able to afford to hire a personal injury attorney after their accident. Working on a contingency fee indicates that the attorney will not get any payment for their work if financial remunerations are not won in your case. In the event that your attorney does win a settlement package, you will then pay a previously agreed-upon percentage of the total settlement.

Different law firms use different percentages for their contingency fees. The percentage you are given can vary depending on your place of residence and the reputation and size of your chosen attorney’s law firm. These contingency fees usually range from 20 percent to 50 percent. The average is usually in the neighborhood of 33 percent to 40 percent.

In order to be eligible to receive financial compensation for your injuries, you generally need to be able to prove these three things:

 

  • The other person acted negligently: You need to prove that the other person acted, or failed to act, in a manner that was careless or inappropriate when they were they had a duty not to cause you harm.
  • The other person’s negligence directly caused your injuries: You need to prove that if the other person had not acted, or failed to act, in the way they did, you would not have been injured, to begin with.
  • Your injuries resulted in harm: You have to prove that you endured some compensable harm as the outcome of the other person’s negligent actions.

 

The best way to know for certain whether or not you have a viable personal injury claim is to meet with a qualified personal injury attorney. An attorney will know how to examine your case and determine if you are likely to see a successful outcome to a lawsuit.

In general, a person is unable to file a personal injury claim on behalf of the victim unless they meet the requirements that would allow them to do so. Some typical instances where filing a claim on behalf of the victim would be acceptable include a parent or natural guardian of a minor child, a person with power of attorney, or the administrator of the victim’s estate.

The short answer is yes. The statute of limitations is a law that prevents claims from being filed after a specific window of time has elapsed since the incident that caused your injury. In the state of Mississippi, personal injury claims have a three-year statute of limitations. The law also states that this clock does not start for anyone who has sustained a latent injury or disease until it is or should have been, discovered.

Most damages in personal injury cases are categorized as compensatory. This means that the settlement is designed to compensate the injured person for losses and damages stemming from the injury or accident. It is designed to make the injured person whole again, at least from a financial standpoint. A dollar amount will have to be assigned to all of the consequences resulting from the accident. Some damages are fairly simple to quantify, such as remuneration for damage to property and hospital bills. It is much more difficult to assign a dollar amount to pain and suffering or the inability to enjoy one’s favorite pastimes due to the physical restrictions brought on by accident-related injuries.

It can sometimes take months or even years to reach a settlement agreement with the person who caused your injuries and other damages. A lot of settlements are agreed upon during the pre-trial period but even this can take months or years if your personal injury case is especially complicated. There is no one correct answer to how long your case will take to settle. The amount of time it will take to resolve depends greatly on the facts and legalities that are specific to your case.

Out of court settlement

Should your personal injury claim be settled without having to go to court, your attorney will usually have an agreement that states that you will receive your money within 15 days, but it is possible that it could take longer. If payment is not rendered within the agreed-upon timeframe, then court proceedings might be necessary to get the compensation you are entitled to.

Court settlement

Should your settlement be won through the courts, the judge in your case will issue a court order that states when the money is due. The common time frame is 21 days from the date of the order. If you have not received your payment within the court-ordered time, your personal injury attorney will be able to enforce the order through additional court action.