Legal Malpractice Claims in Mississippi

In Mississippi, the statute of limitation deadline to sue an attorney for malpractice is three years.  Mississippi’s general three year statute of limitations deadline is applicable to legal malpractice cases. This imposes a three year deadline on suing the attorney from the date of the malpractice.  Mississippi courts recognize the discovery rule in malpractice cases.

In the case of Smith v. Sneed, the Mississippi Supreme Court held that “the statute of limitations in a legal malpractice action properly begins to run on the date the client learns or through the exercise of reasonable diligence should learn of the negligence of his lawyer”. 638 So. 2d 1252 (Miss. 1994).

In the case of Channel v. Loyacono, the Mississippi Supreme Court held that “the discovery rule is to be applied when the ‘plaintiff will be precluded from discovering harm or injury because of the secretive or inherently undiscoverable nature of the wrongdoing in question’ or it may be applied ‘when it is unrealistic to expect a layman to perceive the injury at the time of the wrongful act” 954 So. 2d 415 (Miss. 2007).

In other words, a client who learns of the attorney’s malpractice should file suit within three yearsfrom the time of the discovery to preserve a claim.

 

 

Cruelty to Animals in Mississippi

Miss Code Ann § 97-41-1 Provides:

Except as otherwise provided in Section 97-41-16 for a dog or cat, if any person shall intentionally or with criminal negligence override, overdrive, overload, torture, torment, unjustifiably injure, deprive of necessary sustenance, food, or drink; or cruelly beat or needlessly mutilate; or cause or procure to be overridden, overdriven, overloaded, tortured, unjustifiably injured, tormented, or deprived of necessary sustenance, food or drink; or to be cruelly beaten or needlessly mutilated or killed, any living creature, every such offender shall, for every offense, be guilty of a misdemeanor.

Tampering with Evidence in Mississippi

§ 97-9-125. Tampering with physical evidence provides:

(1) A person commits the crime of tampering with physical evidence if, believing that an official proceeding is pending or may be instituted, and acting without legal right or authority, he:

(a) Intentionally destroys, mutilates, conceals, removes or alters physical evidence with intent to impair its use, verity or availability in the pending or prospective official proceeding;
(b) Knowingly makes, presents or offers any false physical evidence with intent that it be introduced in the pending or prospective official proceeding; or
(c) Intentionally prevents the production of physical evidence by an act of force, intimidation or deception against any person.
(2) Tampering with physical evidence is a Class 2 felony.

Settlement Demand Packet in Mississippi Litigation

Before initiating medical malpractice litigation, the attorney should give the treating physician’s insurance carrier an opportunity to settle.  The attorney will prepare what is commonly referred to as a demand package (also referred to as a settlement package, demand, or demand letter).

The demand package consists of a written brief that includes (i) a concise statement of when and how the malpractice occurred; (ii) a thorough explanation of the theory of how the other party was negligent (specifically addressing any weaknesses); and (iii) a summary of damages (e.g. related injuries, prior related medical bills associated with those injuries, pain and suffering, cost estimate of necessary and related future medical care); and (iv) the settlement amount demanded.

Attached to the demand packet, the following exhibits should be included:

(a) medical reports; (b)  photos of disfigurement; (c) photos of the client (before the injury, during treatment, and after treatment has completed); (d) medical records (including doctor’s notes and diagnostic imaging results); (e) witness statements; (f) pay stubs / income tax returns, if making a lost-wages claim; and (g) the appropriate jury instructions (that would apply if a lawsuit were to be filed).

A well prepared demand packet brief will also cite case law and their application to the facts