Personal Injury Law in Mississippi
Mississippi personal injury law requires proof that the defendant was at fault due to his/her negligence. The plaintiff must’ve lost something, monetary or otherwise, in order to seek a personal injury trial. There must be no doubt in the jury’s mind that the defendant’s wrongdoing is what caused the injury.
Mississippi’s comparative negligence rule allows for any person that is only partially responsible for an incident to collect compensation for losses. Under this rule, even if a person is 99 percent at fault they can still collect losses. However, the amount of responsibility they had in the incident will be deducted from the amount they are allowed to collect, in this situation the person would only be entitled to 1 percent of their losses. If multiple persons are involved in the matter, those at fault are responsible for sharing the amount due to the suing party for losses, the costs would be divided among those responsible based on how responsible they were for causing the incident.
In the case of a consumer product personal injury lawsuit, Mississippi uses strict liability. In order to win a personal injury lawsuit of this kind in Mississippi, the plaintiffs must prove that the product was made with one or more flaw, which caused the consumer harm and damaged them in a substantial way. To get a successful result in a personal injury lawsuit over a flawed consumer product in Mississippi, the plaintiff must also prove that he/she was using the product in the correct way.
In most cases, defendants that lose a personal injury lawsuit are responsible for a several things. For example, they would be responsible for any payments made by the plaintiff relating to the personal injury case. The defendant is also responsible for any funds lost by the suing party, personal property damage, bodily injuries or permanent personal damage, pain either physical or emotional, any other costs due to the personal injury lawsuit at hand. This does not include attorney’s fees, which are paid by the plaintiff out of the total settlement amount.
In medical malpractice cases there can be either a $500,000 or $1 million dollar limitation on the amount allowed to collect for non-monetary losses, such as pain and suffering, depending on the specific case. There is no limit on the amount the suing party can collect on monetary losses. In these types of cases it is always best to contact a medical expert in the field relating to the incident at hand.
The statute of limitations in Mississippi for personal injury cases is three years, meaning that if there is no lawsuit filed within the first three years after the incident then there cannot be a lawsuit. Consult a qualified Mississippi Personal Injury Lawyer to see if you have a valid case before entering into any kind of lawsuit.
The article presented above is based on the best available data available and is for informational purposes only. Consult a qualified personal injury attorney before relying on any information presented here.
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