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Mississippi Civil Litigation Questions & Answers
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 Contracts, Civil Litigation and Real Estate Law for Mississippi on
Q: Is it a breach of contract if investor added extra fees post-signing?

I'm based in Mississippi and attempted to secure a hard money real estate loan with an investor from Phoenix, AZ. We signed a contract online, which stipulated an origination fee to be paid, and the loan funds were to be disbursed within one business day upon completion and verification of... View More

Tim Akpinar
Tim Akpinar
answered on Mar 29, 2025

A Mississippi attorney could advise best, but your question remains open for two weeks. Yes, it could be a breach, and it could also be a misunderstanding due to communication. From a textbook standpoint, one party acting on their own does not usually have authority to change the terms of a... View More

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1 Answer | Asked in Medical Malpractice, Civil Litigation and Products Liability for Mississippi on
Q: Inquiry about potential class action lawsuits related to Watchman procedure device migration.

I had the Watchman procedure on 04/10/2022 at the Baptist Hospital in Jackson, MS, and it was not successful as the device migrated. My doctor considered its removal but decided to wait six weeks to check it again. It hadn’t migrated further, but I remain concerned and cautious, especially with... View More

Tim Akpinar
Tim Akpinar
answered on Mar 13, 2025

A Mississippi attorney could answer best, but your question remains open for a month. The name does come up in searches, but you would need to research more closely if the context is related to recalls, litigation, or other. Check online, and look into whether product liability law firms handling... View More

1 Answer | Asked in Probate, Real Estate Law, Insurance Bad Faith and Civil Litigation for Mississippi on
Q: How can I contest relatives unlawfully seizing inheritance in MS?

I suspect my relatives unlawfully seized my inheritance in Mississippi, including property and insurance left by my deceased father Ralph Bishop, an heir to his father, Frank Hagmon Bishop, a Navy veteran. Despite my rightful ownership, assets were transferred, perhaps to California, with potential... View More

Anthony M. Avery
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answered on Mar 5, 2025

If you feel real property should have been inherited by you, hire a MS attorney to search the title and determine heirship. If you are a tenant in common, sue the other recorded tenants either for Partition or possibly Ejectment. Time is of the essence here. As to insurance, contact the... View More

1 Answer | Asked in Banking, Civil Litigation, Criminal Law and Civil Rights for Mississippi on
Q: If I lived with a man for 11.5 years and we opened a joint checking account and a money market account then we split up

Can I legally withdraw money from either account without being sued or arrested for theft? What can or can I not do with this money???

James L. Arrasmith
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answered on Jun 21, 2024

Based on the information provided, here's a general overview of the situation, but please note that this is not legal advice and you should consult with a local attorney for specific guidance:

1. Joint accounts: Generally, when two people open a joint account, both parties have equal...
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Q: Filed a 1983 civil rights claim in Mississippi while incarcerated and need help with what I have to do with judges order
James L. Arrasmith
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answered on Jun 17, 2024

When you receive a judge's order regarding your 1983 civil rights claim, the first step is to read the order carefully and understand what is being asked of you. Pay attention to any deadlines or specific actions you must take, as missing these could negatively impact your case.

If the...
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1 Answer | Asked in Civil Litigation for Mississippi on
Q: My car was towed off of private property by the owner even though I live there with them. Is this legal in MS

The car was not in the way and they never had asked me to move it

James L. Arrasmith
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answered on Jun 10, 2024

In Mississippi, whether it's legal for the property owner to tow your car depends on several factors. If you live on the property and were not blocking access or causing any other issues, it may not be lawful for the owner to have your car towed without prior notice. Generally, a property... View More

1 Answer | Asked in Insurance Bad Faith, Civil Litigation, Landlord - Tenant and Small Claims for Mississippi on
Q: As a Pro Se Litigant in a smalls claim case. Defendant has hired an attorney he has filed a motion seeking Act (11-55-1)

I need know should I file a rebuttal?

Tim Akpinar
Tim Akpinar
answered on Apr 10, 2024

A Mississippi attorney could advise best, but your question remains open for a week. Only a local attorney could advise meaningfully on local laws. But as a general point that applies nationwide, until you are able to consult with a local attorney, motions do warrant a response (and generally... View More

1 Answer | Asked in Civil Litigation for Mississippi on
Q: Neighbor refuses to do anything about beaver dam on his property that is causing damage and water backup on my property
James L. Arrasmith
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answered on Mar 1, 2024

Dealing with a neighbor who refuses to address a beaver dam causing water backup on your property can be frustrating. In such situations, it's important to understand your rights and possible courses of action. The first step is often to try and communicate your concerns directly to your... View More

2 Answers | Asked in Employment Law, Civil Litigation, Gov & Administrative Law and Municipal Law for Mississippi on
Q: My car was towed from my job today saying I am suppose to have a FedEx handicap placard which *we don’t have* instead of

The handicap card I had displaying on my windshield. I have it because my disabled mother lives with me and we are sharing my car at the moment while we get her vehicle fixed . I am her sole caretaker and my vehicle is the one she rides in. How can this be legal ? I have two small children and my... View More

James L. Arrasmith
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answered on Feb 25, 2024

It sounds like you're going through a very stressful and unfair situation. Being towed under these circumstances, especially when you rely on your vehicle for essential duties as a caretaker, is incredibly challenging. The first step is to gather all relevant documentation, including the... View More

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1 Answer | Asked in Civil Litigation for Mississippi on
Q: I send someone money on bitcoin cause I owe them and they don’t receive but it sent on my end can they take me to court

They live in New York and I live in ms and I owed them 200 so I sent 150 from my first check then they said just send 30 cuase they knew I had little money so I bitcoins them 30 yet they did not receive it says on my end that it sent though but not on there’s can they take me to court

James L. Arrasmith
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answered on Feb 23, 2024

In situations like this, it's essential to communicate openly and transparently with the person you owe money to. If there's a discrepancy between what you sent and what they received, it's crucial to address the issue calmly and try to resolve it amicably. Providing proof of the... View More

1 Answer | Asked in Constitutional Law and Civil Litigation for Mississippi on
Q: My car was impounded Saturday night an police said if man turned himself In I could have my car he lead them on higChase

An now the towing company wanna charge me 600$ an said they had for 3 actually today makes 2 an there a hold on it still is it legal to charge me so much when the police put hold on it am there closed on Sunday an the mam turned himself in yesterday. They said we'll give your car back when he... View More

James L. Arrasmith
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answered on Jan 8, 2024

In Mississippi, when a car is impounded by the police, the towing and storage fees are typically the responsibility of the car owner. However, if there was a specific agreement or understanding with the police about releasing your car without charge upon the surrender of the individual involved in... View More

1 Answer | Asked in Civil Rights and Civil Litigation for Mississippi on
Q: If police search your car and cause damage to it are they free of responsibility for the damages?

The police pulled my car stereo out of the dash and broke the frame that holds it in. Even though the search was clean they said they are not financially responsible for the damages.

James L. Arrasmith
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answered on Dec 5, 2023

When police conduct a search of a vehicle and cause damage, they are not necessarily free from financial responsibility for the damages caused. The specific circumstances of the search, including its legality and the manner in which it was conducted, are key factors in determining liability for any... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Mississippi on
Q: Could I have a case of racial profiling? I was publicly searched and held by police at a store for shoplifting.

I am a black female. I was wearing a hoodie and sweat pants. Seemed like I was being watched as soon as I entered the store. Before leaving the store two officers approached me and told me to hand over my purse in front of the entire store. The officer also lifted my hoodie. After being searched... View More

T. Augustus Claus
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answered on Nov 16, 2023

In your case, it is certainly possible that you were racially profiled. The fact that you were a black female wearing a hoodie and sweatpants and that you were being watched as soon as you entered the store suggests that your race and clothing may have played a role in the officers' decision... View More

1 Answer | Asked in Civil Litigation and Gov & Administrative Law for Mississippi on
Q: Clarification on extending lawsuit filing deadline after Notice of Claim in Mississippi.

I gave a Notice of Claim relating to an incident on December 22, 2024. I submitted the Notice on March 10, 2025. I understand that I must file the lawsuit within the first 90 days, and I'm seeking clarification on whether I have an additional 90 days to file the lawsuit, given that I am... View More

James L. Arrasmith
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answered on May 16, 2025

In Mississippi, after submitting a Notice of Claim, you generally have 90 days to file a lawsuit. This is the initial period you need to adhere to. If you don’t file within those 90 days, the court might dismiss your case. However, there could be circumstances that allow for an extension,... View More

1 Answer | Asked in Gov & Administrative Law and Civil Litigation for Mississippi on
Q: Does Mississippi Code 11-46-1 grant extra 90 days to file a lawsuit after Notice of Claim?

I am dealing with a situation involving Mississippi Code 11-46-1. I gave a Notice of Claim on March 10, 2025, regarding a potential lawsuit against the state or an employee. I believe this code may grant an additional 90 days to file the lawsuit, but I haven't received a response from the... View More

James L. Arrasmith
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answered on May 16, 2025

Yes, under Mississippi law, once you file a Notice of Claim under Mississippi Code Title 11, Chapter 46 (commonly known as the Mississippi Tort Claims Act), there is a specific waiting period and a timing rule for filing your lawsuit. The law requires that you give the government entity 90 days to... View More

1 Answer | Asked in Civil Litigation and Gov & Administrative Law for Mississippi on
Q: Can I extend time for a second Notice of Claim in Mississippi after 90 days?

I filed my first Notice of Claim related to a lawsuit in Mississippi without an attorney, and it's been over 90 days. Am I allowed to have another 90 days to file an additional Notice of Claim, considering there have been no changes in my situation?

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answered on May 15, 2025

In Mississippi, the Notice of Claim process typically has a strict 90-day deadline for filing, especially for certain types of lawsuits, such as tort claims against government entities. Once the 90 days have passed, it is often difficult to extend the time frame for submitting a second Notice of... View More

Q: How to address perjury in an eviction case in Mississippi after deadline.

I represented myself during my eviction hearing in Mississippi in November 2024, and the management lied under oath, claiming all tenants were evicted, but others are still on the property. I have proof of their false statements. Unfortunately, the ruling was against me, and I believe the deadline... View More

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answered on May 15, 2025

What you’re facing is painful and unjust, especially if the court's decision was based on false testimony. Even though the deadline for a standard appeal may have passed, there may still be a path forward. In Mississippi, if you can show that the judgment was obtained through fraud or... View More

1 Answer | Asked in Landlord - Tenant, Collections, Civil Litigation and Real Estate Law for Mississippi on
Q: Seeking advice on unexpected wage garnishment after eviction-related lawsuit in MS.

Two years after receiving an eviction notice, my employer informed me of a wage garnishment, but I never received any notification of judgments or garnishments. They are trying to garnish $200 a week, which is unrealistic as a single mother of two. I was supposedly sued for three months of unpaid... View More

James L. Arrasmith
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answered on May 15, 2025

Finding out about a wage garnishment without ever receiving notice is incredibly stressful, especially when you're trying to support your family. You have the right to understand how the judgment was entered and to challenge it if proper notice wasn’t given. If you were told not to attend... View More

1 Answer | Asked in Gov & Administrative Law, Civil Litigation and Real Estate Law for Mississippi on
Q: Can reciprocal agreement permit 85,000 pounds in Arkansas despite tickets?

I'm permitted and tagged with Mississippi, which has a weight limit of 88,000 pounds with a harvest permit. Arkansas has a limit of 85,000 pounds with a harvest permit. Despite a reciprocal agreement between the two states, the Arkansas DOT officers continue issuing tickets for being over... View More

James L. Arrasmith
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answered on May 15, 2025

Reciprocal agreements between states often allow certain commercial vehicle privileges across state lines, but they don’t always guarantee full acceptance of all permit types—especially when it comes to weight limits. Even if Mississippi allows 88,000 pounds with a harvest permit, Arkansas... View More

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