Written by the Mama Justice legal team.
Legally reviewed by Missy Wigginton, Founding Attorney (“Mama Justice”).
Last reviewed: September 11, 2026.
Seeking Maximum Compensation for Life-Changing TBIs
If you suffered a traumatic brain injury in Tupelo, you generally have three years to file a claim (Miss. Code Ann. § 15-1-49). Because a brain injury can affect you for life, these cases must account for future medical care and lost income, not just today’s bills. A Tupelo brain injury lawyer at Mama Justice can fight for the full value. Call 24/7 for a free consultation.
A traumatic brain injury (TBI) is almost guaranteed to change your life forever with new disabilities and hardships. When you are seeking compensation from the party that caused your injury, you need to know that you are demanding as much as possible. Otherwise, you could be left with hardships and costs unpaid.
Turn to us for all the help you need. Our Tupelo brain injury lawyers are led by Attorney Missy Wigginton, Mama Justice herself! With her guidance and the experiences of our eclectic team, we are able to challenge any insurance company that is trying to make your life more difficult by complicating or denying your brain injury claim. If you need assistance with other legal matters in the area, a trusted Tupelo personal injury lawyer on our team is ready to help.
Our brain injury lawyers in Tupelo at (833) 626-2587 or contact us online to find out more.
What Are the Three Types of Brain Injuries?
Traumatic brain injuries can be categorized as or caused by:
- Open: An open brain injury is when the skull is damaged or pierced so that the brain is directly harmed or exposed. Open brain injuries are extremely dangerous and require extensive medical treatment like multiple surgeries.
- Closed: A closed brain injury is when the head is struck by an object, but the skull does not shatter and the brain is not penetrated. Concussions are among the most common types of closed brain injuries.
- Asphyxiation: When the brain is starved of oxygen, it causes an asphyxiated brain injury. Strangulation, reduced blood flow, and high blood toxicity can all cause brain asphyxiation.
Our law firm is capable of handling brain injury claims involving all types of TBIs. No matter what your diagnosis, we can work with your medical providers to get a full understanding of your injury and what most likely caused it, i.e., a car accident or slip-and-fall accident.
How Long Do You Have to File a Brain Injury Claim in Tupelo, MS?
In Mississippi, you generally have three years from the date of the injury to file a brain injury claim (Miss. Code Ann. § 15-1-49). A brain injury can make that deadline especially tricky, because symptoms sometimes take days or weeks to appear, and the person who is hurt is not always able to act quickly. When a loved one dies from a brain injury, a wrongful death claim usually follows a similar timeline.
Some deadlines are shorter. If a government vehicle or property was involved, you may have only a matter of months to give proper notice. The sooner you speak with a Tupelo brain injury lawyer, the easier it is to protect your rights and preserve evidence like crash reports and medical records. Deadlines vary by the facts, so confirm yours with an attorney as soon as you can.
Do You Have a TBI But Not Know It?
Closed brain injuries can cause serious side effects, but they are not always easily noticeable or immediately dramatic. You could have a TBI after an accident and not know it if you have not seen a medical provider, which is why it is so important to see a doctor after an accident of any sort. Even if you feel fine, there could be an underlying issue that needs attention. Symptoms of a TBI that you might have after an accident are:
- Momentary unconsciousness
- Migraine
- Tinnitus
- Balance issues
- Waves of nausea
- Speech difficulties
- Insomnia
- And more
Please seek emergency medical attention if you are experiencing these symptoms after an accident, especially if the accident caused you to hit your head. Tell the doctor as many details about your accident as you can. Ask them to write in your medical records the reported cause of your injuries, too.
Why Delayed Symptoms Make Brain Injuries So Dangerous
One of the most dangerous things about a brain injury is that it can hide. After a crash or a fall, adrenaline and shock can mask the signs, and many people feel fine at first, only to develop headaches, confusion, memory problems, mood changes, or trouble sleeping days later. That delay can be deadly, and it can also hurt your claim if the insurance company argues your injury was not serious or was not caused by the accident. Even a mild brain injury should be taken seriously, according to the CDC.
That is why you should always get checked by a doctor after any blow to the head, even if you feel okay, and go back if new symptoms appear. Prompt medical care protects your health first, and it also creates the record that connects your brain injury to the accident. If you or a family member is showing possible TBI symptoms after an accident in Tupelo, talk to a doctor right away, and then call us so we can help protect your claim.
What Damages Can You Recover in a Tupelo Brain Injury Claim?
Extensive and permanent injuries usually require years of medical treatment and special care. The cost of those treatments is sure to be steep, possibly ranging into the millions as the years pass. With such a large amount of damages on the line, it is important that you know that your legal representation is capable of taking on the case for you. That’s where Mama Justice, a personal injury lawyer in Tupelo, steps in. We take care of all of our clients as if they were our family! The damages we can demand in your TBI case could include:
- Lifetime medical bills
- Lost wages and lowered income capacity
- Disability costs
- Pain and suffering
- Reduced life expectancy
- Lessened enjoyment of life
An important Mississippi rule to understand: Mississippi generally caps non-economic damages, such as pain and suffering, at one million dollars (Miss. Code Ann. § 11-1-60). It does not cap economic damages like medical bills, future care, and lost earnings. A severe brain injury is one of the most serious catastrophic injuries, so speaking with a Tupelo catastrophic injury lawyer can help ensure every future medical expense is documented accurately.
How Is a Brain Injury Case Valued?
A serious brain injury does not just cost money today. It can change your ability to work, to live independently, and to be yourself, sometimes for the rest of your life. That is why we do not rely on a quick estimate. We build the value of your case with help from medical and economic experts.
For a severe TBI, one of the most important tools is a life care plan. This is a detailed, professionally prepared roadmap of the treatment, therapy, equipment, and support you are likely to need going forward, along with the cost of each. We also work with experts who can explain how the injury affects your ability to earn a living, so your future lost income is counted, not guessed.
This is also why you should never jump at the insurance company’s first offer. Once you settle, you usually cannot reopen the claim, even if your symptoms get worse. A fast, low offer is often an attempt to close your case before the true, lifetime cost of a brain injury is clear. We take the time to get it right. Past results do not guarantee future outcomes.
Who Can Be Held Liable, and What if You Were Partly at Fault?
Brain injuries happen in many ways, so more than one party may be responsible. It might be a negligent driver, a trucking company, a property owner whose unsafe floor or stairs caused a fall, an employer, or the maker of a defective product. Many brain injuries come from car crashes, where a Tupelo car accident lawyer can help gather crash scene evidence. Likewise, a fall on an unsafe property is a common cause of brain injuries, making a Tupelo premises liability lawyer essential for holding negligent property owners accountable. Because a severe brain injury can exceed one insurance policy’s limits, finding every responsible party and every source of coverage can make a real difference in your recovery.
And if you are worried you were partly to blame, you still have options. Mississippi follows a pure comparative fault rule, which means you can recover money even if you were partly at fault, with your amount reduced by your share. Insurance companies often try to shift blame onto the injured person to pay less, so we investigate hard and use evidence to protect the full value of your claim.
What Should You Do After a Brain Injury in Tupelo?
After a blow to the head, your health comes first. When you or your family are able, these steps help protect both your recovery and your claim.
- Get medical care right away. See a doctor even if you feel fine, and go back if new symptoms appear. Early records protect your health and your case.
- Follow every treatment recommendation. Gaps in care give the insurance company a reason to question your injury.
- Keep records. Save medical bills, discharge papers, and notes about symptoms and how they affect daily life.
- Preserve evidence. Keep any damaged vehicle, equipment, or product, and photograph the scene if you can.
- Do not give a recorded statement or accept a quick settlement. Talk to a lawyer first, because early offers rarely reflect the lifetime cost of a brain injury.
- Call Mama Justice. The consultation is free, and the sooner we start, the more we can do to protect your claim.
Frequently Asked Questions About Brain Injuries in Tupelo, MS
What is a traumatic brain injury?
A traumatic brain injury, or TBI, is damage to the brain caused by a blow, jolt, or penetrating injury. TBIs range from mild, like a concussion, to severe injuries that cause permanent disability. Even a “mild” brain injury can have lasting effects on memory, mood, and daily life, so no head injury should be ignored.
How long do I have to file a brain injury claim in Mississippi?
In Mississippi, you generally have three years from the date of injury to file (Miss. Code Ann. § 15-1-49). Claims against a government entity can have much shorter notice deadlines, and intentional-act claims can be as short as one year. Because brain injury symptoms can be delayed, it is best to talk to a Tupelo brain injury attorney as soon as possible.
What are the symptoms of a brain injury after an accident?
Symptoms can include headaches, confusion, dizziness, nausea, ringing in the ears, trouble with balance or speech, memory problems, mood changes, and trouble sleeping. They can appear right away or days later. Because symptoms are sometimes delayed, you should see a doctor after any blow to the head, even if you feel fine, and return if new symptoms appear.
What compensation can I recover for a brain injury?
You may recover economic damages, like current and future medical care, rehabilitation, in-home care, lost wages, and lost earning capacity, along with non-economic damages, like pain, emotional suffering, and loss of enjoyment of life. For a severe TBI, future care and lost earnings are often the largest parts of the claim.
Does Mississippi cap damages in a brain injury case?
Mississippi generally caps non-economic damages, such as pain and suffering, at one million dollars (Miss. Code Ann. § 11-1-60). It does not cap economic damages like your medical bills, future care, and lost earnings, which are usually the biggest part of a serious brain injury claim. How the cap applies can depend on your case, so confirm it with an attorney.
What if I was partly at fault?
You can still recover. Mississippi follows a pure comparative fault rule, so you can collect compensation even if you were partly responsible, with your recovery reduced by your share of fault. Insurers often try to overstate your fault to pay less, and we push back with evidence to protect the value of your claim.
What causes most traumatic brain injuries?
The most common causes are falls, motor vehicle crashes, being struck by an object, and assaults. That means many brain injuries come from someone else’s negligence, like a careless driver or an unsafe property. If that describes what happened to you, you may have a claim.
How much does a brain injury lawyer cost in Tupelo?
At Mama Justice, you pay nothing up front. We work on a contingency fee, which means our fee comes out of the recovery only if we win your case. If we do not win, you do not owe us a fee. Your first consultation is always free.
Mama Justice Fights for Her Family
Our Mama Justice brain injury attorneys in Tupelo are ready and waiting to help you through this difficult time. We want to be the team that helps you make it through to better days. Call us at (833) 626-2587 or contact us online to schedule a free consultation.
