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Biloxi, MS Personal Injury Lawyers
Biloxi, MS Personal Injury Lawyers 

When you or a loved one suffers an injury due to someone else’s negligence, it can be a life-changing event. Medical bills pile up, work becomes impossible, and the physical and emotional pain can be overwhelming. In these difficult times, the law can offer a path forward. 

Biloxi, Mississippi has personal injury laws in place to protect those who have been wronged. These laws allow you to seek compensation for the damages you have incurred, including medical expenses, lost wages, and pain and suffering.  

Types of Personal Injury Claims in Biloxi 

Personal injury cases encompass a wide range of accidents and incidents, each with its own unique set of legal considerations. Some of the most common types of injury claims include: 

Motor Vehicle Accidents 

Accidents involving cars, trucks, motorcycles, and pedestrians are among the most prevalent causes of personal injury in Biloxi. These collisions can result in severe injuries, such as whiplash, broken bones, spinal cord damage, and traumatic brain injuries. Distracted driving, speeding, and impaired driving are often contributing factors in these accidents. 

Premises Liability Incidents 

Property owners and managers in the Biloxi area have a legal duty to maintain a safe environment for visitors and patrons. When they fail to address hazards such as uneven sidewalks, wet floors, inadequate lighting, or lack of security, and someone is injured as a result, the property owner may be held liable through a premises liability claim. Common premises liability cases include slip and fall accidents, swimming pool accidents, and assaults due to negligent security. 

Medical Malpractice 

Patients in Biloxi trust medical professionals to provide competent, safe care. However, when healthcare providers fail to meet the accepted standard of care and cause harm to a patient, it may constitute medical malpractice. Examples of medical malpractice include surgical errors, misdiagnosis or delayed diagnosis, medication errors, and birth injuries. These cases can be complex and require the expertise of a skilled personal injury attorney. 

Product Liability Cases 

Defective or dangerous products can cause serious harm to consumers in Biloxi. If a product malfunctions due to a design flaw, manufacturing defect, or lack of proper safety warnings, the manufacturer, distributor, or retailer may be held accountable through a product liability lawsuit. Examples include defective vehicles, faulty medical devices, and dangerous pharmaceuticals. 

Workplace Accidents 

On-the-job injuries are a significant concern for workers in Biloxi, particularly in industries such as construction, manufacturing, and healthcare. While workers’ compensation benefits may cover some expenses, such as medical bills and a portion of lost wages, a personal injury claim may be necessary to recover additional damages, such as pain and suffering or future lost earnings. In some cases, third-party claims against equipment manufacturers or subcontractors may also be possible. 

Damages in Biloxi Personal Injury Cases 

Mississippi personal injury law allows victims to seek compensation for various types of damages, including: 

Economic Damages 

Non-Economic Damages 

These damages are more subjective and include: 

Punitive Damages 

In rare cases involving particularly egregious or intentional conduct, the court may award punitive damages to punish the defendant and deter similar behavior in the future. These damages are awarded in addition to compensatory (economic and non-economic) damages. 

It is important to understand that Mississippi follows a “pure comparative negligence” rule. This means that if you are found to be partially at fault for the accident, your compensation will be reduced by your percentage of fault. For example, if you are awarded $100,000 in damages but are found to be 20% at fault, you will receive $80,000. 

The Personal Injury Legal Process in Biloxi 

Navigating the personal injury legal process in Biloxi can be complex and time-consuming. Understanding the key steps can help you know what to expect and how to protect your rights: 

Seek Medical Attention 

Your health and well-being should be your top priority after an accident. Seek medical treatment immediately, even if your injuries seem minor. This ensures your safety and creates a record of your injuries, which will be essential for your case. Follow your doctor’s recommendations and attend all follow-up appointments. 

Document the Accident and Your Injuries 

Gather as much evidence as possible related to your accident and injuries. This may include: 

Be Cautious When Communicating with Insurance Companies 

After an accident, you may be contacted by insurance adjusters representing the at-fault party. It’s essential to exercise caution when communicating with them. Stick to the facts and avoid admitting fault or discussing the extent of your injuries. Remember, insurance companies are focused on minimizing their financial exposure and may use your statements against you. 

Adhere to the Statute of Limitations 

In Mississippi, the statute of limitations for most personal injury cases is three years from the accident date. This means you must file your lawsuit within three years, or you may lose your right to seek compensation. There are some exceptions, such as cases involving minors or latent injuries, so it’s crucial to consult with a personal injury attorney to ensure your rights are protected. 

Prepare for Settlement Negotiations or Litigation 

Most personal injury cases in Biloxi are resolved through settlement negotiations. Your attorney will work to gather evidence, build a strong case, and negotiate with the insurance company to seek a fair settlement on your behalf. If a satisfactory agreement cannot be reached, your case may proceed to trial. Your attorney will guide you through the litigation process, presenting your case in court and fighting for your right to compensation. 

Frequently Asked Questions About Personal Injury Law in Biloxi 

What should I do if an insurance adjuster contacts me after an accident? 

Be polite but cautious when speaking with insurance adjusters. Avoid admitting fault, discussing your injuries in detail, or accepting a settlement offer without first consulting with a personal injury attorney. Remember, the adjuster’s goal is to minimize the insurance company’s payout, not to ensure you receive fair compensation. 

How much does it cost to hire a personal injury attorney in Biloxi? 

Most personal injury attorneys in Biloxi work on a contingency fee basis. This means they only get paid if they successfully recover compensation for you, either through a settlement or a court award. The attorney’s fee is typically a percentage of the total recovery, often ranging from 33% to 40%. Be sure to discuss fee arrangements with your attorney during your initial consultation. 

How long will my personal injury case take to resolve? 

The timeline for resolving a personal injury case in Biloxi varies depending on factors such as the complexity of the case, the severity of your injuries, and the willingness of the insurance company to negotiate a fair settlement. Some cases may resolve within a few months, while others may take a year or more, especially if litigation is necessary. Your attorney will work to keep your case moving forward and to seek the best possible outcome for you. 

What if I can’t afford medical treatment after an accident? 

If you’re unable to pay for medical treatment upfront, your personal injury attorney may be able to help you find medical providers who will treat you on a lien basis. This means they will provide treatment in exchange for a portion of your future settlement or court award. Your attorney can also work with your health insurance provider to ensure your treatment is covered and that any liens are properly addressed in your case. 

Can I still recover compensation if I was partially at fault for the accident? 

Yes, under Mississippi’s pure comparative negligence rule, you can still recover compensation even if you were partially at fault. However, your compensation will be reduced by your percentage of fault. For example, if you are found to be 30% at fault and your damages are $100,000, you will receive $70,000. It’s essential to work with an experienced personal injury attorney who can build a strong case to minimize your assigned fault and maximize your recovery. 

Contact Our Skilled and Knowledgeable Biloxi, MS Personal Injury Attorneys 

At Boyce Holleman & Associates, our experienced attorneys are dedicated to fighting for the rights of accident victims in Biloxi and throughout Mississippi. We have a deep understanding of state personal injury laws and a proven track record of success in handling a wide range of cases. 

If you or a loved one has been injured due to another’s negligence, contact us today for a free, no-obligation consultation. We are ready to go to work for you!