Pursuing personal injury claims in Hinds County requires an understanding of the local courts, procedural rules, and practical factors that may influence the outcome. Knowing what to expect makes a stressful process a little easier for injured victims. With that in mind, the team at Mama Justice offers an overview of how injury cases are handled in Hinds County and explain what you can anticipate as your claim moves through each phase of the process.
What Qualifies as a Personal Injury Claim in Hinds County
You may have a legally actionable personal claim in Hinds County if the negligent or wrongful conduct of another party caused or contributed to injuries you suffered. A personal injury claim can be based on the defendant’s intentionally wrongful conduct, such as assault, or on strict liability as is the case for product defects. Most personal injury cases, however, are based on negligence, which requires the injured victim to show that the defendant breached a duty of care owed to the victim, resulting in injury. Common examples of Hinds County personal injury claims include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Slip and fall accidents
- Boat accidents
- Premises liability accidents
- Product defects
- Intentional assault
- Dog bites
- Workplace accidents
- Medical errors
- Wrongful death claims
Understanding the Hinds County Court System
If you have been injured in a personal injury accident, it is vital to understand how your case will move through the Hinds County court system. Hinds County, which includes the state capital of Jackson, operates as a major legal center within the state and handles a significant share of Mississippi’s higher-value and more complex personal injury cases.
Personal injury lawsuits in Hinds County are filed in either County Court or Circuit Court, depending on the amount in controversy. Lower-value claims may begin in County Court, while cases involving serious injuries, wrongful death, or substantial damages are typically filed in Circuit Court. The injured party, referred to as the Plaintiff, has the burden of proving that the Defendant is liable for their injuries. While most lawsuits are resolved through out-of-court negotiations, some personal injury lawsuits proceed to trial before a Circuit Court judge or jury.
Because the Mississippi state capital is located in Hinds County, the courts frequently handle complex, high-value cases. Jury pools tend to be more diverse and the attorneys more experienced, which can both impact how evidence is evaluated, and damages are calculated in a personal injury case.
Filing Deadlines and Mississippi’s Statute of Limitations
State law determines the statute of limitations for all legal actions. A statute of limitations is the time frame within which a party must initiate legal action. Mississippi law sets the statute of limitations (SOL) for a personal injury lawsuit three years from the date of injury. If you fail to file your lawsuit within that three-year time frame, you give up the right to pursue your claim. There are several exceptions to the three-year statute of limitations, such as:
- Minors/Mental Incapacity: The SOL is tolled until an injured party turns 21 or recovers their mental capacity.
- Discovery Rule: For an injury that is not immediately apparent, the SOL begins when the injury is discovered or should have been discovered.
- Medical Malpractice: Typically, two years from discovery.
- State Actor: One year SOL and special notice requirements may apply.
For an injured victim, it is crucial to act quickly to preserve evidence and protect your rights. Consulting with an experienced personal injury attorney at Mama Justice ensures that your ability to pursue compensation and seek justice from the at-fault party are protected.
Determining Fault and Liability in Hinds County Cases
Proving negligence in a Hinds County personal injury case requires you to prove that the Defendant owed you a duty of care and that they breached that duty, causing you to suffer injury. The duty of care in many personal injury cases is well established by law. Examples include the duty of care a motorist owes to others on the roadway and the duty a property owner owes to visitors to the property. How you prove that the Defendant breached that duty of care will depend on the circumstances, but might include:
- Proof that the Defendant was intoxicated or texting while driving.
- Evidence that a shop owner ignored dangerous conditions on the property.
- Records showing that a dog owner was aware that the dog was aggressive.
Mississippi uses a comparative fault doctrine in personal injury cases, which means you may pursue a claim against an at-fault party even if you contributed to the accident. Your compensation will be reduced proportionately. For example, if you were 25 percent at fault and your damages are $100,000, you would receive $75,000.
Dealing With Insurance Companies During the Claims Process
Never speak to the at-fault party’s insurance company without first consulting an attorney. The goal of an insurance adjuster is to avoid or reduce payments. They may contact you and act as though they are genuinely interested in your well-being. Do not be fooled. Politely decline to speak to the adjuster and contact Mama Justice immediately.
Damages Available in a Hinds County Personal Injury Claim
An injured victim in a Hinds County personal injury case may be entitled to both economic and non-economic damages. Economic damages are easily quantifiable and may include things such as medical and hospital bills, rehabilitation and therapy costs, property damages, and lost wages. Non-economic damages are intended to compensate you for the subjective injuries you suffered as a result of the accident and may include things such as pain and suffering, disfigurement, and mental anguish. Mississippi law caps non-economic damages at $500,000 for medical malpractice and $1 million for all other personal injury cases.
Why Hiring a Local Hinds County Personal Injury Attorney Matters
If you suffered injuries in a Hinds County personal injury accident, having a local attorney on your side is the key to a favorable outcome. The Hinds County personal injury attorneys at Mama Justice are familiar with local courts, judges, attorneys, and adjusters. This familiarity allows us to pursue maximum compensation for our injured clients and helps ensure that at-fault parties are held accountable.
Contact an experienced Hinds County personal injury lawyer at Mama Justice by calling 601-453-4715 to schedule a free consultation to discuss your legal options.
