Personal Injury Lawyers
Serving Biloxi and all of Mississippi
Personal Injury Law includes the physical or emotional injury or damage of personal property by another person. Legally, the injured party in such a case is allowed to seek compensation for the damages.
Another name for personal injury law is “tort” law. State and federal government enact tort laws to protect your rights. Case particulars aside, tort actions have three elements:
- a legal duty between the defendant (the wrongdoer) and the plaintiff (the injured)
- that duty must be breached (by the defendant)
- damage must result from that breach
Citizens are expected not to harm or damage one another, including personal property. When someone harms you or your posession, they become liable to the applicable tort laws. This harm may occur through intentional, willful action or through inaction, negligence. Either way, the tort law is broken.
Intentional actions are designed to cause harm or injury. While committing the action, the person wants to harm you. A negligent action, on the other hand, results when someone fails to take the appropriate action, causing you to be harmed.
For example: a person smashes your car window with a brick: intentional action (also a criminal action, in this case). If, instead, the same person, driving carelessly, runs into your car, that is negligence. In both cases, the defendant failed in his/her duty not to injure you or your property.
"Strict liability” is another form of tort law. It is a more rigid interpretation or enforcement of responsibility for damage. Put simply, the burden of proving intent or negligence is lifted and the evidence of injury or damage is enough to prove liability. For example, if a person is injured by using a medicine as prescribed, it does not matter whether the drug company caused the injury through intent or negligence, simply that it occurred. The manufacturer is resonsible, regardless.
After the comission of a personal injury, the defendant is responsible for rectifying the situation, for compensating for damage done. This process may occur through private means, such as a settlement (often through the defendant's insurance company). In a legal case, the court will award "damages," the legal term for the financial equivalent of injuries sustained. Personal injury law is the legal mechanism for determining who is in the wrong, or in other words, who is “liable”, and what the liable person should have to pay for the damage caused.
Should you be the victim of a personal injury, bear these points in mind:
- Seek proper medical attention, including follow-ups with the proper authorities and your own insurance company.
- Contact an attorney to discuss your case.
- Avoid any discussion of the matter, except with your insurance company, legal counsel, and trusted loved ones.
- Cooperative fully police, you medical professionals, and your own insurance company.
More Information
Intentional Torts Product Liability Statutes Of Limitations Personal Injury Damages Types of Damages Types of Compensatory Damages Amount of Damages Factors Affecting Amount of Damages Awarded Negligence Overview Comparative and Contributory Negligence
If you or a loved one is in need of legal assistance, call Reeves & Mestayer, PLLC at 228-374-5151 or toll free 1-877-377-5152 or submit an online questionnaire. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.
