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Mississippi Personal Injury Questions & Answers
2 Answers | Asked in Personal Injury, Public Benefits, Social Security and Civil Rights for Mississippi on
Q: Do I have a legal case against my parents for neglect related to my disability?

I have been struggling to live with no income due to a disability resulting from a truck accident in September 2005. I began having seizures and a stroke in 2006. I have applied for disability benefits multiple times but have been denied due to lack of paperwork. My father did not support me during... View More

Tim Akpinar
Tim Akpinar
answered on Nov 5, 2025

I'm sorry this happened to you. You probably do not have a case for neglect. Although you describe what could be a case from a TEXTBOOK standpoint, it sounds like it would be a difficult one from a PRACTICAL standpoint. The passage of so much time and the potential for conflicting accounts of... View More

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3 Answers | Asked in Car Accidents, Family Law and Personal Injury for Mississippi on
Q: Can a minor's car accident settlement be accessed or is it put in a trust fund?

My 16-year-old child was recently in a car accident and is receiving a settlement of around $25,000. We are considering using the settlement money to purchase a new car since the previous one was totaled. Would the insurance place the settlement in a trust fund because he is a minor, or can we... View More

Andrew Charles Burrell
Andrew Charles Burrell
answered on Jun 24, 2025

This answer is strictly up to the ruling judge. Typically the amount of settlement must be approved by the judge as being fair to the minor. What determines if the funds have to be placed in an account, is what is the net amount after fees, expenses and medical payments.

Depending on...
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2 Answers | Asked in Workers' Compensation, Civil Litigation and Personal Injury for Mississippi on
Q: Can I sue a company for negligence and file for workers' comp?

I have filed a lawsuit against a company for negligence related to health issues that I did not initially know qualified for workers' compensation. Some workers may have already received compensation. I am considering filing for workers' compensation now. Can I pursue both workers'... View More

Andrew Charles Burrell
Andrew Charles Burrell
answered on Apr 23, 2025

I will answer this based solely on Mississippi Law. Generally, the answer will be no. In Mississippi, if you work for a company and get injured and they have workers comp coverage then you are limited to recovery toward the company solely in work comp. That is the exclusivity rule in the State.... View More

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2 Answers | Asked in Personal Injury for Mississippi on
Q: Why can’t I pay my doctor bills with my insurance that I have instead of having to pay it out of my settlement money?

I was involved in a hit and run with drunk driver

Andrew Charles Burrell
Andrew Charles Burrell
answered on Mar 7, 2025

You can pay your medical bills with your insurance company, however, many health insurance policies have what is called a subrogation provisions which means that if they pay for medical bills that are the fault of a third party and you collect from that party, the insurance company has a right to... View More

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2 Answers | Asked in Personal Injury for Mississippi on
Q: Why can’t I pay my doctor bills with my insurance that I have instead of having to pay it out of my settlement money?

I was involved in a hit and run with drunk driver

Tim Akpinar
Tim Akpinar
answered on Mar 8, 2025

Your frustration is understandable. Most accident claimants express these same sentiments when confronted with the unpleasant surprise at the end of a case that their insurer wants its money back. Unfortunately, it's the way liens are handled virtually nationwide. Some medical offices... View More

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3 Answers | Asked in Personal Injury for Mississippi on
Q: I have a personal injury lawsuit in. I asked my attorney for a $500 front money on my case to pay some bills.

My case worker said the guy handling my case with said go to a pay day loan and see can I get some money. I think that was insulting for a professional law firm to say to or even make that comment. I'm seriously thinking about changing firms. Never once have she asked me how I was doing since... View More

Tim Akpinar
Tim Akpinar
answered on Dec 15, 2024

As my colleagues correctly point out, attorneys can't front money on cases in general. But in looking at the nature of your expense, it is for medical services, rather than general expenses. You wouldn't be asking this question if there was insurance in some form to cover the services. If... View More

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3 Answers | Asked in Personal Injury for Mississippi on
Q: I have a personal injury lawsuit in. I asked my attorney for a $500 front money on my case to pay some bills.

My case worker said the guy handling my case with said go to a pay day loan and see can I get some money. I think that was insulting for a professional law firm to say to or even make that comment. I'm seriously thinking about changing firms. Never once have she asked me how I was doing since... View More

Michael J. Mandelbrot
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answered on Dec 12, 2024

As attorneys, we have very strict requirements on "fronting" or "advancing" client settlement funds. For an attorney, it is always concerning - Is the Client going to keep asking? What if I don't get recovery in their case? Is this a "Loan"? Most lawyers generally... View More

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3 Answers | Asked in Personal Injury for Mississippi on
Q: I have a personal injury lawsuit in. I asked my attorney for a $500 front money on my case to pay some bills.

My case worker said the guy handling my case with said go to a pay day loan and see can I get some money. I think that was insulting for a professional law firm to say to or even make that comment. I'm seriously thinking about changing firms. Never once have she asked me how I was doing since... View More

Andrew Charles Burrell
Andrew Charles Burrell
answered on Dec 12, 2024

First the Bar in Mississippi, does not allow for the advancing of funds. If you are not happy with your attorney, I recommend that you contact them and set an appointment with your lawyer and go over your issues with them. If they do not give you answers that provide you peace of mind you can... View More

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3 Answers | Asked in Personal Injury and Car Accidents for Mississippi on
Q: I was broken up pretty bad in 2010 single car accident. I'm the only surviving victim. Numerous of chiropractic session

I had chiropractic sessions for 3 years n returned to work now I'm 39 n all I do is cramp alot because of the severe cold weather I work in. I don't know if it's arthritis or multiple scrirosis which runs in my my family but atm goes dead numb alot

Tim Akpinar
Tim Akpinar
answered on Nov 14, 2024

A Mississippi attorney could advise best, but your question remains open for a week. I'm sorry about your accident. You could reach out to local attorneys to see if they could help you review the matter. But unfortunately, since this happened 14 years ago, that timeline probably closes a lot... View More

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1 Answer | Asked in Medical Malpractice and Personal Injury for Mississippi on
Q: I had an injury to my hand and was told by the first ER I went to that there was no damage and was sent home.

Two days later I had to go back to the ER, but I went to a different location. I then found out I had tendon damage and nerve damage and was referred to my orthopedic doctor. I ended up needing surgery due to the injury. Would it be considered misdiagnosis/malpractice from the first ER visit I went... View More

David Baria
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David Baria
answered on Nov 6, 2024

To pursue a claim for medical negligence you must have an expert witness (an M.D. under the facts you have related) who can provide the opinion that the treatment provided by medical staff at the ER during your initial visit deviated from the standard of care applicable to them. Assuming that an... View More

1 Answer | Asked in Personal Injury for Mississippi on
Q: In front of a business there was an open water meter without the lid on it and I tripped in it. Do I have a case?

There was no sign or anything to warn me that it was open or anything. No cones or caution tape nothing

David Baria
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David Baria
answered on Nov 6, 2024

In Mississippi, to win a premises liability case you must prove that there was a dangerous condition that caused your injury. Additionally, you are required to prove that the landowner (or the occupier if not the owner) either: 1. caused the condition; or 2. knew or should have know of its... View More

1 Answer | Asked in Car Accidents, Child Support, Personal Injury and Family Law for Mississippi on
Q: How much will child support take out my personal injury settlement in Ms
Andrew Charles Burrell
Andrew Charles Burrell
answered on Jun 17, 2024

The answer is depends. First, how much are you getting in the settlement and how much do you owe in support. Based on the basic law in Mississippi, the DHS will want to recover as much as possible. If the child support lien can be fully satisfied while you still make any recovery, they will... View More

2 Answers | Asked in Personal Injury and Small Claims for Mississippi on
Q: Found a roach on my sandwich from a restaurant. Is this a law suite?

I have pictures of the incident if this helps.

Andrew Charles Burrell
Andrew Charles Burrell
answered on Jun 17, 2024

The short answer is possibly. In Mississippi, you have to prove damages, how and what are you damages. Did you go to the hospital, do you have some type of injury. While is a horrible event, without damages there is no claim. You need to speak to an attorney who handles such claims to see what... View More

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2 Answers | Asked in Car Accidents and Personal Injury for Mississippi on
Q: I was involved in an accident on Dec.17, 2023 at a private residence. What are my options as the victim of negligence?

The policy holder of my insurance has the misguided belief that since the accident happened on private property, that the insurance companies would determine we are both at fault. But the incident report clearly states that she backed into the vehicle I was driving while leaving the residence and... View More

Lindsey S. Macon
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answered on Feb 11, 2024

This summary is unclear in many respects. However, most top personal injury law firms are only going to want your case is personal injuries occurred from the impact. Settling property damage claims is typically settled by each insurance company. My first impression is that the other driver was at... View More

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2 Answers | Asked in Car Accidents and Personal Injury for Mississippi on
Q: I was involved in an accident on Dec.17, 2023 at a private residence. What are my options as the victim of negligence?

The policy holder of my insurance has the misguided belief that since the accident happened on private property, that the insurance companies would determine we are both at fault. But the incident report clearly states that she backed into the vehicle I was driving while leaving the residence and... View More

Tim Akpinar
Tim Akpinar
answered on Feb 17, 2024

That provision about private property does not sound right - most jurisdictions will apply ordinary vehicle & traffic law provisions, public or private property. Depending on the extent of damages, it could be something to handle in small claims court. A local attorney could provide more... View More

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1 Answer | Asked in Personal Injury, Criminal Law and Civil Rights for Mississippi on
Q: Statute of limitations for aggravated assault by an authority figure

In 2016 I was in Corinth Mississippi walking to the store at approximately 7 in the morning. As I was walking a police car with his lights on pulled up in the turning lane and instructed me to come out to his vehicle. When I approached the car the officer got out of the car and asked me for my ID I... View More

James L. Arrasmith
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answered on Jan 21, 2024

Hi! Happy Sunday. Based on the facts provided, it seems the incident in question occurred in 2016 in Corinth, Mississippi.

The statute of limitations for aggravated assault in Mississippi is 2 years (Miss. Code Ann. § 99-1-5). However, the statute of limitations may be longer or not apply...
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1 Answer | Asked in Libel & Slander, Employment Law and Personal Injury for Mississippi on
Q: How to sue for defamation and handle false allegations by ex?

I am considering suing for defamation regarding a situation at my workplace. My ex-partner has made false statements about me in a private chat, which my job manager laughed about with my coworker. She falsely claimed I never took care of her or her kids, despite them staying with me for free while... View More

James L. Arrasmith
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answered on Nov 7, 2025

You can bring a defamation claim in Mississippi by proving a false statement of fact about you was published to at least one other person, was made with fault (at least negligence if you are a private figure), and caused harm. A private chat that your manager and coworker discussed satisfies... View More

1 Answer | Asked in Criminal Law, Libel & Slander, Sexual Harassment and Personal Injury for Mississippi on
Q: I have proof of someone having sexual photos of me and them sending me where they sent it to my family. What can I do?

Screenshots from her of her screenshots sending my nudes to my dad and she sent me a voice message on Facebook admitting to having my only fans content

James L. Arrasmith
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answered on Oct 29, 2025

You have been the victim of non‑consensual disclosure of intimate images, which Mississippi law criminalizes (including threats to disclose) under its “disclosure of intimate visual material” statute. Preserve every trace of proof now: export the Facebook chat and voice message with... View More

2 Answers | Asked in Car Accidents, Contracts, Civil Litigation, Estate Planning and Personal Injury for Mississippi on
Q: How can I reverse a house transfer to my son under distress?

I am in Mississippi and was recently involved in a major car accident. While I was in the hospital recovering, my son convinced me to transfer my house into his name through a legal document in December. At the time, I was under distress and not in the right state of mind to make such a decision.... View More

Baskin Lowber Jones
Baskin Lowber Jones
answered on Oct 25, 2025

This is troubling. It is very likely that if you were administered narcotic pain medication that this transfer to your son could be set aside. Give us a call at 601-272-2406 to discuss further.

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1 Answer | Asked in Workers' Compensation, Health Care Law and Personal Injury for Mississippi on
Q: How does workers' comp affect my health insurance coverage? Mississippi issue.

I'm involved in a workers' compensation case and would like to know how it might affect my current health and life insurance coverage provided through my employer. Will my insurance remain as it is, or will I be required to transition to COBRA coverage? I need guidance on what usually... View More

James L. Arrasmith
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answered on Oct 23, 2025

In Mississippi, workers’ compensation—not your group health plan—pays 100% of reasonable and necessary treatment for the work injury, with no deductibles or copays. Your health plan typically denies claims tied to that injury and continues to cover unrelated conditions.

Your...
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