SouthavenPersonal Injury Lawyer

What Constitutes a Personal Injury?

There are differences between an injury and a personal injury. An injury occurs when someone is hurt, harmed, or impaired. A personal injury is a specific legal term with a specific legal meaning. It’s vital to understand what constitutes a personal injury and how your attorney might get you justice.

Definition of Personal Injury

According to Mississippi law, personal injury refers to cases where a person or party harms another person. This occurs due to negligence instead of malice intent. Negligence includes a lack of consideration for others, carelessness, and recklessness.

Not every accident falls under personal injury. Negligent behavior of one or more other parties is vital.

Mississippi personal injury law allows a private person to bring a lawsuit to court against a corporation or person who has harmed them. Personal injury claims can occur with or without a criminal charge.

If your injury was caused by someone else, contact a Southaven personal injury lawyer at Mama Justice as soon as you have gotten immediate medical treatment to ensure your rights are protected from the start. It can make all the difference in the success of your claim.

What Is Duty of Care?

Along with negligence, the duty of care is a key factor in personal injury law.

Personal injury lawyers must prove that the defendant had a duty of care toward the injured party. A duty of care refers to the responsibility someone has toward another person with regard to their personal safety and well-being. Different relationships have different levels of duty of care.

Some elements surrounding duty of care experienced attorneys inquire about include:

• Duty of Care- Is there an expected duty of care between these two parties? If so, what is it?
• Breach of Duty of Care – Did one party break their responsibility or duty of care toward the other? If so, how?
• Causation – Did the breach in duty of care directly lead to injuries?
• Damages – How did these injuries affect the clients?

Many of the questions above will be addressed with the attorney during your free consultation. Personal injury lawyers will then build their case around proving this chain of events on behalf of their clients.

Personal injury can be complicated, but justice is not. If you believe that the accident you experienced in Southaven may fall into the category of personal injury, contact our law firm today for a free consultation.

What Are the Most Common Personal Injury Claims in Southaven?

There are many ways one may be injured in a personal injury accident in Southaven, MS. While each case is different, personal injury claims can be grouped into a few major categories.

Car Accidents

Car accidents are one of the most common kinds of personal injury claims in the United States. That’s because Americans use their vehicles daily. Add that to the fact that there are more and more distractions like cell phones, texting, using navigational tools such as GPS, and other things that take the driver’s attention from the roadway. Distracted driving is one of Mississippi’s most common causes of car accidents. There are many types of car accidents, including rear-end accidents, T-bone accidents, head-on collisions, sideswipe accidents, drunk driving accidents, and more. Our Southaven car accident lawyers can help you understand your legal options after a crash.

Motorcycle Accidents

This type of accident is hazardous for the motorcycle rider. These riders have little to no protection when they are struck by a passenger vehicle or truck. These vehicles outweigh the motorcycle and rider by several thousands of pounds. When a rider suffers injuries in a serious motor vehicle accident, the rider usually suffers from catastrophic injuries.

Pedestrian Accidents

Pedestrians have absolutely no protection when they are involved in a serious accident involving any moving vehicle. That is why these types of accidents often result in severe injuries to the pedestrian’s lower extremities and serious traumatic brain injuries, spinal cord injuries, internal organ damage, and other catastrophic injuries.

Rideshare Accidents

When you hire a ride from an Uber, Lyft, or another rideshare vehicle, you do so with the expectation that you will be provided with safe transportation to or from your destination. If you are injured while you are a passenger in a rideshare vehicle, you may have a claim. If you were a pedestrian who was injured by a rideshare vehicle, you might have the right to file a claim. If you were in your vehicle and were struck and injured by a rideshare vehicle, you may be able to file a claim. These accidents are a bit different than a regular car accident, and it is undoubtedly in your best interest to speak with experienced Southaven rideshare accident lawyers.

Truck Accidents

Truck accidents are very different from car accidents. This type of personal injury accident is very complex and can be highly complicated. This is because several various parties may be held liable for the accident. Multiple insurance companies are usually involved in this type of claim. These types of accidents often result in catastrophic injuries and sometimes even death. Contact our Southaven truck accident attorneys with the skill, time, and resources required to handle this accident claim. Large trucks are governed by strict federal safety rules, and violations of those rules often point straight to liability.

Wrongful Death

If your loved one died in an accident that was caused by someone else’s careless, reckless, or wrongful actions, you and your family might be able to file a wrongful death claim. Our founding attorney Missy Wigginton, AKA Mama Justice, has experienced loss firsthand and understands how difficult this time can be and will work tirelessly to ensure that your loved one gets the justice they are entitled to under Mississippi law. Contact our Southaven wrongful death lawyers today to schedule a no-cost consultation with Mama Justice to get started on your claim.

Workers’ Compensation Claim

Mississippi law allows workers to bring claims against their employers if they are injured while working. If you are injured while on the job in Mississippi, you may be able to file a personal injury claim. If you get injured while at your place of business or while you are working, you must contact a personal injury attorney as soon as possible to explore all of your legal options. During a free consultation at our law firm, you can explore your options in finding the compensation you deserve.

Premises Liability

Premises liability arises when someone gets injured while on a poorly maintained, dangerous, or hazardous area on the property. This type of accident occurs when you sustain a serious injury while visiting a business, an apartment building, a community recreation center, a home, or a government agency, you may be able to file a claim. If your injury occurred because of unsafe conditions on the property, you might be entitled to compensation. These are often complicated claims, so speaking with an attorney is essential in determining your rights.

What Are the Most Common Injuries in Southaven Personal Injury Cases?

In personal injury law, the amount of damages a person can receive depends mainly on the severity of the injury. Many different kinds of injuries can occur in an accident. Here are some of the most common injuries related to personal injury:

Traumatic Brain Injury (TBI)

TBI is a leading injury in personal injury cases due to how many different kinds of accidents can cause this injury. Examples include auto accidents, pedestrian accidents, or slip and fall accidents.

TBI can have extreme effects on a victim, including their overall cognitive and physical functioning. Social security disability doesn’t always cover the money necessary for adequate quality of life. Because of this, contacting a law firm in Desoto County specializing in personal injury law is vital if your TBI was caused by someone else’s careless, reckless, negligent, or deliberate actions.

Spinal Cord Injury (SCI)

Injury to the spinal cord can be just as impairing as a TBI because the spinal cord sends messages from the brain to the rest of the body. An injury to the spinal cord can lead to permanent paralysis and sometimes result in loss of life.

Fractures and Breaks

Millions of broken and fractured bones occur every year, and while some may require a few weeks to heal, others can involve multiple rounds of surgery. Surgery can require a lot of rest time.

Most people don’t have the resources required to take the necessary leaves of absence from work to get adequate rest to recover from the injuries they sustained in their Southaven accident. If you’ve been injured in an accident, you may be entitled to compensation, and through a well-executed personal injury case, the court may provide it.

Amputations

Sometimes an accident causes such damage to an extremity that it must be amputated. An amputation results because doctors cannot repair the limb, or the victim’s life may be at stake. Amputation can significantly impact a victim’s life, and a Southaven MS personal injury lawyer will be able to help you get justice.

Internal Organ Damage

Internal organ damage may not be visible, but it can affect a victim’s life immensely, even threatening it.

Some examples of internal organ damage include:

• Trauma to the kidneys
• Rupture of the abdominal aorta
• Punctured lung
• Internal bleeding

Catastrophic Injuries

The most common catastrophic injuries in our practice include spinal cord damage, traumatic brain injuries (TBIs), severe fractures, serious burns, amputations, blindness, disfigurement, internal injuries, hearing loss, and more.

What Should I Do After an Accident in Southaven?

If you’ve been injured in Southaven, MS, get the necessary medical attention to ensure the best outcome for your injuries. There are many things you can do that will help your claim and, more importantly, keep you safe and well.

At the Site of the Incident

Accidents can be frightening and painful if you are injured. The first thing you should do if you are injured in an accident is to get help for yourself, your passengers, and the other drivers if possible.

Seek Help from a Medical Professional

If someone has sustained injuries in the accident, contact help right away by calling 911.

Some initial symptoms that you have suffered an injury might include:

• Numbness or tingling
• Nausea with or without vomiting
• Pain in specific areas or generally across the body
• Dizziness or fainting

Even if you feel okay, calling 911 is still a good idea. Some injuries take time to reveal themselves or can only be caught by a medical professional.

By avoiding or putting off medical assistance, your injury could worsen, and you may lessen your chances of a successful trial later. Even a low-speed crash can cause a concussion or other brain injury, and the signs are easy to miss, so get checked out right away.

Take Notes and Record Evidence

If you’re physically capable, taking notes and recording evidence at the scene of the incident may help your attorneys later on. The more evidence there is, the more likely the defendant will be held accountable at trial.

Here are some things to do while at the scene of the incident to help you:

• Survey the incident. Take notes on what happened and take photos of any physical evidence. Please take pictures of where it occurred. In the example of an incident involving a car, taking pictures of nearby street signs is a good idea. Take photos of all damages.
• Survey yourself. Take photos of your injuries. Take notes on injuries so you can receive full medical reimbursement from your insurance company after you get into contact with attorneys.
• Survey others. Write down the names of any possible witnesses who have an understanding of what happened.

After the Incident

Contact Mama Justice to talk to a skilled Southaven personal injury attorney about your accident and find out if you have the right to pursue a claim for the injuries you sustained because of someone else’s actions.

There are more things you can do to help your claim.

• Keep a folder of receipts for any purchases involving your injury. This folder can include receipts for items like medications or co-payments.
• Keep proof of financial loss and other damages, like lost wages.
• Keep a record of communication between your doctors and health care providers, including your insurance company. Copies of email exchanges and letters are best, but when possible, take notes on any phone calls or in-person exchanges.

Most important, above all, is resting and getting better. When in doubt, the law always favors evidence. Document when you’re unsure and ask your attorney about anything else you should be doing.

What Financial Burden Does Personal Injury Cause?

Beyond physical harm, a personal injury incident causes financial damage to the victim. There are many ways a victim might be financially suffering after being involved in a severe injury accident.

Here are some of the most common expenses and costs following a significant injury:

Along with added expenses, victims often lose wages and opportunities due to recovery time and reduced abilities. Part of the services an attorney provides is reducing the burden of these costs for their clients. They do this through the law by bringing forward a personal injury case. Call Mama Justice today to discuss your injuries to see if we can help you.

How Long Do I Have to File a Personal Injury Claim in Southaven, MS?

In Mississippi, you generally have three years from the date of your injury to file a personal injury lawsuit (Miss. Code §15-1-49). Southaven sits in DeSoto County, so most injury cases here are filed in the DeSoto County Circuit Court. Three years can feel like a long time, but it goes fast once you are focused on healing. Evidence disappears, cameras get recorded over, and memories fade, so the sooner you call, the stronger your case.

Some claims have much shorter deadlines. If a city, county, or state agency may be at fault, notice-of-claim rules can cut your window down to months, not years. Wrongful death and certain other claims follow their own timelines too. Deadlines vary by claim type, so please confirm yours with a Southaven personal injury attorney as soon as you can. If you miss the deadline, the court can throw your case out no matter how badly you were hurt.

Who Can Be Held Liable for a Personal Injury in Southaven?

Liability means legal responsibility, and in a Southaven injury case it can fall on more than one person or company. Whoever caused your harm through carelessness can be held responsible for the bills and losses that followed.

• The at-fault driver in a crash on I-55, Church Road, Goodman Road, or a Southaven side street.
• A trucking company or its insurer when an 18-wheeler or delivery truck is involved.
• An employer whose driver or worker caused your injury on the job.
• A property owner or business that let a hazard cause a slip, trip, or fall.
• A rideshare company such as Uber or Lyft, along with the driver, depending on the trip status.
• A manufacturer when a defective part or product caused or worsened the harm.

Insurance companies work hard to pin the blame on you so they can pay less. Our job is to gather the crash reports, camera footage, medical records, and witness statements that show what really happened, then hold every responsible party accountable.

What Is My Southaven Personal Injury Case Worth?

Every case is different, so no honest lawyer can promise a number up front. What your Southaven case is worth depends on real factors, including how serious your injuries are, how much medical care you have needed and will still need, how much work and income you have lost, whether you can return to your job, and how the injury affects your daily life and your family.

Compensation in a Mississippi injury claim can include your medical bills, future care, lost wages and lost earning ability, property damage, and pain and suffering. In cases of extreme or reckless conduct, punitive damages may also apply. Past results from our team include recoveries such as $1.5M for an 18-wheeler crash, $1.05M for a drunk driving crash, $950,000 for a brain injury, and $500K for a head-on collision. Past results do not guarantee future outcomes, and every case is decided on its own facts. The best way to understand your own case is a free, no-pressure conversation with our team.

How Long Does a Southaven Personal Injury Case Take?

Some cases settle in a few months, while others take a year or more, especially when injuries are severe or the insurance company refuses to be fair. A smaller, clear-liability claim can resolve quickly once your treatment is complete. A serious case involving a brain injury, a trucking company, or a dispute over who was at fault usually takes longer because the stakes are higher and the investigation is deeper.

One thing we never do is rush you to settle before you have finished healing. Settling too early, before you know the full cost of your care, is one of the most common ways injured people get shortchanged. We move as fast as the facts allow while making sure the final number reflects everything you have truly lost.

Do I Need a Lawyer for a Personal Injury Claim in Southaven?

You are not required to hire a lawyer, but going up against an insurance company alone is rarely a fair fight. Insurers have teams of adjusters and lawyers whose job is to protect their money, not you. Studies and decades of practice show that injured people who are represented tend to recover more, even after fees, than those who go it alone.

At Mama Justice, your first consultation is free, and we work on a contingency fee. That means you pay no attorney fee unless we win money for you. There is no upfront cost and no risk to sit down with us, ask questions, and find out where you stand. If a lawyer is not right for your situation, we will tell you that too.

What If I Was Partly at Fault for My Southaven Accident?

You can still recover money in Mississippi even if you were partly to blame. Mississippi follows a rule called pure comparative negligence. Your compensation is simply reduced by your share of the fault. For example, if your total losses are $100,000 and you are found 20 percent at fault, you can still recover $80,000.

This matters because insurance companies love to blame the injured person to cut their payout. Do not accept their version of events or admit fault at the scene. Let us investigate and push back so your fair share is protected. If you were hurt just across the state line in Memphis, Tennessee uses a different and stricter rule, which is one more reason to talk with a lawyer who handles both sides of the line.

Why Choose Mama Justice?

Being injured due to another person’s wanton behavior may involve feelings of isolation. But you are not alone. Every year, thousands of people in Mississippi, including those in Southaven MS and Desoto County, are injured in personal injury accidents. We hope that knowing you are not alone and that others share an understanding of what you’re going through may bring some peace to you during these challenging times.

If you or your loved one has been injured in an accident and you aren’t sure if you have the right to file a claim, contact Mama Justice. You will speak with a Southaven personal injury lawyer with the experience, time, and resources to ensure you get the best possible outcome for your injury claim.

Contact Mama Justice today to inquire about our services and set up a free consultation with one of our experienced lawyers.