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Mississippi Personal Injury 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 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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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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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

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

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

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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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
Lindsey S. Macon pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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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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 Civil Litigation, Criminal Law, Libel & Slander and Personal Injury for Mississippi on
Q: Steps to bring perjury charges after a lie under oath in civil hearing.

I am involved in a case in Mississippi that started as a civil hearing. During the proceedings, an individual lied under oath. I am now interested in understanding the steps required to bring criminal charges for perjury and seek compensation as a result of this false testimony. Can you please... View More

James L. Arrasmith
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answered on May 15, 2025

When someone lies under oath in a Mississippi civil hearing, it may qualify as perjury, which is a criminal offense. However, you can't file criminal charges yourself. You must report the suspected perjury to the district attorney's office or the local law enforcement agency. You'll... View More

1 Answer | Asked in Family Law, Child Support, Public Benefits and Personal Injury for Mississippi on
Q: Responsibility for medical bills of 19-year-old out on bond in Mississippi?

Who is responsible for the medical bills of my 19-year-old, who is not living with us, has been out on bond, and was arrested and charged as an adult? The medical bills arose when the police took him to the hospital after he declared himself suicidal multiple times. My insurance covered a majority... View More

James L. Arrasmith
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answered on May 14, 2025

At 19 years old, your son is legally considered an adult in Mississippi for most purposes, including medical and financial responsibility. Even though the age of majority is 21 for child support under certain circumstances like a divorce decree, that doesn’t automatically mean you’re... View More

1 Answer | Asked in Libel & Slander and Personal Injury for Mississippi on
Q: How can I address false slander on social media in Mississippi?

I discovered that a man in Columbus, Mississippi, has broadcasted a video on YouTube to 13,000 viewers, in which he wrongfully used my name, claiming I'm involved in setting up others with drugs. I've never been involved in such activities, and my police record is clean as proof. Despite... View More

James L. Arrasmith
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answered on May 14, 2025

What you’re going through is incredibly frustrating, especially when someone uses a public platform to spread lies that damage your name. Being falsely accused of criminal behavior—especially to thousands of people—is serious, and you have every right to defend yourself. Since you’ve... View More

1 Answer | Asked in Civil Rights, Personal Injury and Medical Malpractice for Mississippi on
Q: 22-year-old denied rape kit at ER due to no ID; lawsuit options?

My daughter, who is 22, was turned away from a local ER when seeking a rape kit because she didn't have a state-issued picture ID, and they mentioned it was the weekend. She had someone with her as a witness, and I'm sure there are cameras at the ER. No other medical attention was... View More

James L. Arrasmith
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answered on May 14, 2025

What happened to your daughter is heartbreaking, and no one should be turned away from medical care after experiencing something so traumatic. Federal law, specifically under the Emergency Medical Treatment and Labor Act (EMTALA), requires emergency rooms to provide medical screening and... View More

1 Answer | Asked in Civil Rights, Consumer Law, Libel & Slander and Personal Injury for Mississippi on
Q: Is it legal in Mississippi to record and share a phone conversation without consent?

In the state of Mississippi, I discovered that a co-worker secretly recorded our phone conversation while I was driving home from work without my consent. The recording was later shared via text message with another co-worker, which seems to have caused divisions among shifts. Additionally, he... View More

James L. Arrasmith
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answered on May 14, 2025

In Mississippi, it is legal to record a phone conversation as long as at least one party to the conversation consents. This means that if your co-worker was part of the call, they were allowed under state law to record it without telling you. Mississippi is considered a “one-party consent”... View More

1 Answer | Asked in Environmental, Personal Injury and Wrongful Death for Mississippi on
Q: Potential lawsuit for water contamination in Brookhaven, MS

I'm concerned about potential water contamination in Brookhaven, Mississippi, which may have caused my mother's cancer. She recently passed away, and doctors mentioned it might be due to the drinking water, not genetic factors. Other relatives have also suffered unusual tumors. Is there a... View More

James L. Arrasmith
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answered on Apr 13, 2025

If your mother's cancer and your relatives' health issues are potentially linked to water contamination, you may have grounds to pursue legal action. The first step would be to gather evidence of the water contamination, including any historical data, reports, or studies showing that the... View More

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