At Hearn Law Firm, our dedicated team is committed to delivering top-tier legal representation for your Tupelo personal injury claim, whether that be auto accidents, workplace injuries, medical malpractice claims, or others. We use our legal knowledge to make sure that our clients receive the comprehensive support and compensation they rightfully deserve. As your trusted legal ally, we are equipped to guide you through every step of the legal process so you feel confident that your case is handled with the utmost care and precision.
Let us help you navigate the path to justice and recovery with the dedicated legal team you need during this challenging time. Contact our experienced Tupelo personal injury lawyers today for your free consultation.
Why Choose Hearn Law Firm for Your Tupelo Personal Injury Law Claim
Choosing Hearn Law Firm for your Tupelo personal injury claim means selecting a partner dedicated to your recovery and justice. We offer several advantages, including:
- Proven Years of Experience: Led by our founding attorney, Philip C. Hearn, our team brings over twenty-five (25) years in personal injury law. We have a solid track record of success spanning a wide range of personal injury cases.
- Personalized Approach: At Hearn Law Firm, we understand that every personal injury case is unique. We take a personalized approach to each case and tailor our strategy to your specific needs.
- Communication Throughout the Entire Process: We make it a point to clearly communicate every new development in your case so that you never feel left in the dark on your case.
- No Fee Unless We Win: We operate on a contingency fee basis, meaning you pay nothing unless we win your case.
The Importance of a Lawyer in Tupelo Personal Injury Claims
Strong legal representation can determine the outcome of your claim. Here are some ways that our Tupelo personal injury lawyers can assist you:
- Complying with Legal Procedures: Personal injury law can cover various regulations and statutes that can be overwhelming for individuals without legal training. Our lawyers understand what laws apply to your case and will make sure that all necessary paperwork is timely filed.
- Maximizing Compensation: Our experienced lawyers understand how to accurately calculate the full extent of your damages, including medical expenses, lost wages, pain and suffering, and future losses. We will ensure that no aspect of your claim is overlooked.
- Negotiating with Insurance Companies: Insurance companies often try to minimize payouts in personal injury claims. We even the playing field by using evidence and legal knowledge to argue for a fair settlement. We will not back down from tactics insurers might use to lowball you.
Comparative Negligence in Tupelo Personal Injury Claims
Mississippi operates under a pure comparative negligence system as outlined in Mississippi Code Ann. § 11-7-15:
“In all actions hereafter brought for personal injuries, or where such injuries have resulted in death, or for injury to property, the fact that the person injured, or the owner of the property, or person having control over the property may have been guilty of contributory negligence shall not bar a recovery, but damages shall be diminished by the jury in proportion to the amount of negligence attributable to the person injured, or the owner of the property, or the person having control over the property.”
The concept of pure comparative negligence allows individuals involved in personal injury cases to receive compensation even if they are partially at fault for their own injuries. The system will adjust the compensation for the injured party based on their percentage of fault in the incident.
For example, if a pedestrian is found to be 10% at fault in a car accident because they were crossing the street outside of a crosswalk when they were hit by a driver who was speeding, the pedestrian’s compensation for injuries would be reduced by 10%. As another example, in a slip and fall case at a store where the injured party was not paying attention to where they were walking, if they were found to be 20% responsible for their fall due to their lack of attention, their awarded damages would be reduced by that amount.
Damages in a Tupelo Personal Injury Claim
Individuals pursuing Tupelo personal injury claims can seek damages to compensate for their losses. These damages are categorized into economic, non-economic, and, in some cases, punitive damages (only given in extreme cases of intentional harm), each addressing different aspects of the impact of an injury.
Economic damages compensate for direct financial losses resulting from the injury. This includes:
- Medical Expenses: Costs for immediate medical treatment, rehabilitation, medication, and any future medical care related to the injury.
- Lost Wages: Compensation for income lost due to time away from work while recovering.
- Loss of Earning Capacity: If the injury impacts the victim’s ability to earn income in the future, compensation can be sought for this loss.
- Property Damage: If personal property was damaged as a result of the incident, costs for repair or replacement can be included.
Non-economic damages cover the intangible impacts of an injury, which are not directly tied to financial losses:
- Pain and Suffering: Compensation for physical pain and emotional distress experienced as a result of the injury.
- Loss of Enjoyment of Life: For diminished quality of life or inability to engage in previously enjoyed activities.
- Emotional Distress: Psychological impacts, including anxiety, depression, and trauma.
- Loss of Consortium: Compensation awarded to the spouse or family members for the loss of companionship and support.
Mississippi Code Ann. § 11-1-60 outlines caps on non-economic damages at $500,000 for medical malpractice claims and $1 million for all other claims:
“In any cause of action filed on or after September 1, 2004, for injury based on malpractice or breach of standard of care against a provider of health care, including institutions for the aged or infirm, in the event the trier of fact finds the defendant liable, they shall not award the plaintiff more than Five Hundred Thousand Dollars ($500,000.00) for noneconomic damages. In any civil action filed on or after September 1, 2004, other than those actions described in paragraph (a) of this subsection, in the event the trier of fact finds the defendant liable, they shall not award the plaintiff more than One Million Dollars ($1,000,000.00) for noneconomic damages.”
Statute of Limitations in Tupelo Personal Injury Claims
In Tupelo, personal injury claims are subject to a statute of limitations in Mississippi Code Ann. § 15-1-49:
“(1) All actions for which no other period of limitation is prescribed shall be commenced within three (3) years next after the cause of such action accrued, and not after. (2) In actions for which no other period of limitation is prescribed and which involve latent injury or disease, the cause of action does not accrue until the plaintiff has discovered, or by reasonable diligence should have discovered, the injury.”
Victims who have suffered personal injuries due to someone else’s negligence or wrongful action have three (3) years from the date of the incident to initiate legal action. This statute of limitations is crucial because it defines the time frame within which you must take legal action to seek compensation for your injuries. Failing to file a lawsuit within this three-year period typically results in the loss of your right to seek legal recourse for your damages, as courts are likely to dismiss any case filed after the deadline has passed.
Contact Our Tupelo Personal Injury Lawyers Today
If you or a loved one has been injured due to someone else’s negligence, it’s essential to understand your rights and explore your options. At Hearn Law Firm, our experienced Tupelo personal injury attorneys are dedicated to helping victims of personal injury claims. Our team is committed to advocating for your best interests so that you receive the full compensation you deserve for your injuries, losses, and suffering. Time is of the essence, as Mississippi law imposes a strict statute of limitations on personal injury claims.
To ensure your rights are protected, contact Hearn Law Firm today. Our Tupelo personal injury attorneys will provide you with a comprehensive evaluation of your case, guide you through the legal process, and stand by your side every step of the way. Don’t let the negligence of others disrupt your life without seeking the justice you deserve. Reach out to us to schedule a consultation and learn how we can assist you in your journey.