Mississippi Personal Injury FAQs
- What are the most common types of brain injury?
- What causes a brain injury?
- Are some injuries milder than others?
- Am I entitled to compensation for my brain injury or one suffered by a family member?
- What is wrongful death?
- What is the statute of limitations for filing a wrongful death claim?
- Who can sue for wrongful death?
When you need answers
If you need questions answered on your important legal matters, contact the Law Offices of Judy Guice, P.A. today.
Brain injuries fall into two categories—traumatic brain injuries and acquired brain injuries.
Traumatic brain injuries occur when the brain is damaged by an external force, such as an accident or a blow to the head. Acquired brain injuries occur at a cellular level, such as by oxygen deprivation.
A force or blow can cause traumatic brain injury by causing the brain to move inside the skull or by damaging the skull to the extent that it then damages the brain. Many traumatic brain injuries stem from motor vehicle accidents, a direct blow to the head with a heavy instrument, sports injuries, slip and fall accidents, and physical violence.
Some causes of acquired brain injury include starvation of oxygen to the brain and lack of blood flow to the brain. Other circumstances under which one might suffer an acquired brain injury include near drowning, choking, stroke, disease, and toxic exposure. Hypoxia or anoxia (deprivation of oxygen) to a fetus around the time of birth is often seen in birth injury or cerebral palsy cases.
The level of brain damage can vary with traumatic and acquired brain injuries. A person may suffer a mild brain injury, which impacts the person for a short period and with minor symptoms.
Symptoms of a moderate brain injury can last longer, and the effects can be more profound.
A serious brain injury can lead to life-changing and debilitating problems and can result in such conditions as coma, vegetative state, minimally responsive state, locked-in syndrome, brain death, and many other conditions.
When the brain injury is hypoxic or anoxic in nature it can cause developmental delay in the baby and profound lifelong disability.
A qualified brain injury lawyer can best evaluate your case for possible compensation. He or she must thoroughly review the facts of your case with experts and advise you regarding all options.
Can the insurance company refuse to pay my medical bills if my car was not damaged?
No. While the insurance company might try to draw a direct correlation between damage done to your car and the severity of your personal injury, it is possible that the body sustains damage even if the car did not. The reverse may also be true—a car might experience major impact but the people might only suffer minor cuts and bruises.
The idea behind a wrongful death lawsuit is the wrongful death, in addition to injuring the person who died, also brought harm to the people who depended on that individual for financial and/or emotional support. The wrongful act might be:
- A negligent or careless act (e.g., careless driving)
- A reckless act
- An intentional act such as murder
Mississippi has a statute permitting a lawsuit to be brought by the decedent’s relatives in the event of a wrongful act.
Mississippi law sets the timeframe for filing. The state will not honor a wrongful death claim filed after the legislated timeframe and the opportunity to recover damages for the family will be forever lost.
Mississippi defines the person(s) allowed to bring a wrongful death suit. An experienced attorney like Judy Guice can tell you who has the right to file a claim.
If you fell while working, your injuries may be covered by your employer’s worker’s compensation insurance.
If your injury occurred in a store or a building, you can file a claim to recover damages to compensate you for your injuries. Be aware, however, that a building owner is not liable for every injury that occurs on the property. To recover for an injury, the owner or operator of the business must have breached his duty to keep the premises reasonably safe and to warn of known dangers. An attorney can provide you with additional details about premises liability.