Category Archives: Bankruptcy

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Understanding the Legal Process for Holding Government Entities Accountable for Your Injuries

Suffering an injury is always challenging, but when a government entity is responsible, the situation becomes more complex. In Mississippi, personal injury claims against government entities are subject to specific laws that differ from those applicable to private individuals or businesses. Understanding these rules can help you make informed decisions about your legal rights and options for pursuing compensation.

The Mississippi Tort Claims Act (MTCA)

In Mississippi, the Mississippi Tort Claims Act (MTCA) governs lawsuits against government entities. This law establishes how and when you can hold government agencies, employees, or subdivisions responsible for personal injuries. While the MTCA provides a framework for suing a government entity, it also imposes strict limitations on claims.

Key Provisions of the MTCA

  1. Notice Requirements: Before filing a lawsuit, you must provide written notice to the appropriate government entity. This notice must include details about the incident, such as when and where it occurred, the circumstances leading to the injury, and the amount of compensation sought.
  2. Shorter Deadlines: Claims against government entities often have shorter time limits than other personal injury cases. Under the MTCA, you typically have one year from the date of the incident to file your claim.
  3. Damage Caps: The MTCA limits the amount of compensation you can recover. For most personal injury cases involving government entities, the cap is $500,000.
  4. Immunity Exceptions: Government entities are generally immune from liability unless your claim falls under specific exceptions outlined in the MTCA. For example, you may have a valid claim if your injury resulted from negligent operation of a vehicle by a government employee or unsafe conditions on government property.

Common Types of Government Negligence

Government entities are responsible for a wide range of services and infrastructure. Injuries can arise from various forms of negligence, including:

  • Unsafe Public Property: Poor maintenance of parks, sidewalks, or public buildings can lead to injuries such as slips, trips, and falls.
  • Vehicle Accidents: Collisions involving government-operated vehicles, such as police cars, ambulances, or school buses, are common grounds for claims.
  • Negligent Acts by Employees: If a government employee acts negligently within the scope of their employment, the government entity may be held responsible.
  • Hazardous Road Conditions: Accidents caused by poorly designed or maintained roads, lack of proper signage, or malfunctioning traffic signals may result in liability for the responsible agency.

Filing a Claim Under the MTCA

To pursue compensation from a government entity, it is essential to follow the MTCA’s strict procedures. Failing to adhere to these requirements can result in the denial of your claim. Below are the critical steps involved:

  1. Identify the Responsible Party: Determine which government agency or subdivision is liable for your injury.
  2. Prepare Your Notice of Claim: Include all required details, such as the nature of the incident, supporting evidence, and the compensation sought.
  3. Submit the Notice: File the notice with the correct government office. Keep proof of submission for your records.
  4. Wait for a Response: The government entity typically has 90 days to respond to your claim. If they deny your claim or fail to respond, you may proceed with a lawsuit.

Challenges in Suing Government Entities

Pursuing a claim against a government entity in Mississippi can be daunting. Some of the key challenges include:

  • Proving Negligence: You must demonstrate that the government entity failed to meet its duty of care, directly causing your injury.
  • Overcoming Immunity: Government entities are shielded from certain types of lawsuits, requiring thorough knowledge of applicable laws.
  • Limited Damages: Damage caps under the MTCA may restrict the compensation you can receive, even in cases of severe injuries.

Why Legal Representation Matters

When pursuing a claim against a government entity, having experienced legal counsel can make a significant difference. A knowledgeable attorney can ensure you meet all procedural requirements, gather evidence, and present a compelling case. Without proper guidance, your claim may be dismissed due to technical errors or missed deadlines.

Frequently Asked Questions

What makes a government entity immune from lawsuits?
Government immunity protects entities from lawsuits in many situations, but the Mississippi Tort Claims Act provides exceptions. Common exceptions include negligence involving vehicles or unsafe public property. Determining whether an entity is immune requires a detailed review of the facts and applicable laws.

How long do I have to file a claim against a government entity?
Under the Mississippi Tort Claims Act, you generally have one year from the date of the injury to file a claim. However, submitting a proper notice of claim is a critical first step, and this must be done before filing a lawsuit. Missing these deadlines may result in losing your right to seek compensation.

Can I sue a government employee directly?
In most cases, you cannot sue an individual government employee. Instead, claims are typically filed against the government entity responsible for the employee’s actions. However, exceptions may exist for actions outside the scope of their employment.

What kind of compensation can I recover in a claim against a government entity?
Compensation may include medical expenses, lost wages, and pain and suffering. However, the Mississippi Tort Claims Act caps damages at $500,000, regardless of the severity of the injury.

What happens if my claim is denied?
If your claim is denied or the government entity fails to respond within 90 days, you may file a lawsuit. Consulting with an attorney ensures that your case is filed within the statute of limitations and meets all legal requirements.

How is negligence proven in a claim against a government entity?
To prove negligence, you must demonstrate that the government entity owed you a duty of care, breached that duty, and caused your injury as a result. Evidence such as photos, eyewitness accounts, and expert testimony can be critical in establishing these elements.

Are there limits on suing for certain types of injuries?
Yes, some claims may be barred if they fall outside the exceptions listed under the Mississippi Tort Claims Act. For example, claims arising from discretionary functions or certain intentional acts may not be permitted.

Do I need an attorney to file a claim against a government entity?
While you are not required to have an attorney, legal representation is strongly recommended. The rules governing claims against government entities are complex, and missing a step can result in your claim being dismissed.

Can I sue for emotional distress caused by a government entity’s negligence?
In some cases, claims for emotional distress are allowed, but they are subject to the same damage caps and procedural requirements as other personal injury claims under the MTCA.

What should I include in my notice of claim?
Your notice should include details about the incident, the specific government entity involved, the nature of your injuries, and the compensation you are seeking. Providing accurate and complete information is critical for your claim to move forward.

Free Consultations Offered 24/7!

If you’ve been injured due to the negligence of a government entity, you deserve to understand your legal rights and options. The attorneys at Kellum Law Firm, P.C. are here to help. Contact our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 to discuss your case and pursue the compensation you deserve.

We offer free consultations 24/7, so call us today to discuss your case. Let us put our skills to work for you and help you on the path to justice.

Kellum Law Firm, P.C.
1438 North State St.
Jackson, MS 39202
(601) 969-2709
DIRECTIONS

Kellum Law Firm, P.C.
617 Market St.
Port Gibson, MS 39150
(601) 590-9000
DIRECTIONS

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Understanding Your Legal Rights and Options After an Accident

When you’ve been injured in Jackson, Mississippi, due to someone else’s negligence, recovering compensation is critical to addressing the financial burdens associated with your injuries. This includes medical expenses, lost income, pain and suffering, and other damages you’ve experienced. The process may seem overwhelming, but Mississippi law provides clear pathways for injured individuals to seek justice and fair compensation.

Understanding Mississippi Personal Injury Laws

In Mississippi, personal injury claims arise when an individual suffers harm due to another party’s negligence or intentional misconduct. Common cases include car accidents, slip-and-falls, medical malpractice, and workplace injuries. Mississippi operates under a fault-based system, meaning the at-fault party (or their insurer) is responsible for compensating the injured party.

One important aspect of Mississippi law is the statute of limitations, which sets a deadline for filing a lawsuit. Generally, you have three years from the date of the injury to file a personal injury lawsuit, although exceptions may apply in certain circumstances. Missing this deadline can result in losing your right to compensation.

Establishing Negligence

To recover compensation, you must demonstrate that the at-fault party acted negligently. This involves proving:

  1. Duty of Care: The defendant had a legal obligation to act in a manner that would prevent harm to others. For example, drivers have a duty to operate their vehicles safely.
  2. Breach of Duty: The defendant failed to fulfill their duty, such as running a red light or failing to address hazardous conditions on their property.
  3. Causation: The breach of duty directly caused your injury.
  4. Damages: You suffered measurable losses, such as medical expenses or pain and suffering.

Calculating Damages

Damages in a personal injury claim are typically categorized as:

  • Economic Damages: These include tangible costs like medical bills, lost wages, property damage, and future medical care.
  • Non-Economic Damages: These cover intangible losses such as pain and suffering, emotional distress, and loss of enjoyment of life.

Mississippi does not impose caps on economic damages but does limit non-economic damages in certain cases, such as medical malpractice claims.

Comparative Negligence in Mississippi

Mississippi follows a pure comparative negligence rule, which allows you to recover compensation even if you are partially at fault for the accident. However, your damages will be reduced by your percentage of fault. For example, if you are found 20% at fault for a car accident, your compensation will be reduced by 20%.

Steps to Recover Compensation

Recovering compensation involves a series of steps, starting immediately after the injury:

  1. Seek Medical Attention: Your health is the top priority. Prompt medical care also establishes a record of your injuries, which is essential for your claim.
  2. Document the Incident: Gather evidence such as photographs, witness statements, and police reports.
  3. Consult a Personal Injury Attorney: A knowledgeable attorney can evaluate your case, help you understand your legal options, and negotiate with insurance companies on your behalf.
  4. File an Insurance Claim: Notify the at-fault party’s insurance company and provide supporting evidence for your claim.
  5. Negotiate a Settlement: Most personal injury claims are resolved through settlements. However, if a fair agreement cannot be reached, your attorney can file a lawsuit.
  6. Litigation: If necessary, your case will proceed to court, where a judge or jury will determine the outcome.

Challenges You May Face

Insurance companies often attempt to minimize payouts by disputing liability or downplaying the extent of your injuries. Having legal representation ensures that your claim is thoroughly prepared and that you are not pressured into accepting a low settlement offer.

How Kellum Law Firm, P.C. Can Help

At Kellum Law Firm, P.C., we understand how overwhelming the aftermath of an accident can be. Our team in Jackson and Port Gibson is dedicated to helping injury victims pursue the compensation they deserve. We will evaluate your case, gather evidence, and negotiate assertively with insurance companies to secure a favorable outcome.

Frequently Asked Questions

What types of compensation can I recover after an accident in Mississippi?
In Mississippi, you can recover economic and non-economic damages. Economic damages cover measurable costs, such as medical bills, lost wages, and future medical care. Non-economic damages compensate for intangible losses, including pain and suffering, emotional distress, and loss of enjoyment of life. In some cases, punitive damages may also be awarded if the at-fault party’s actions were particularly reckless or intentional.

How does Mississippi’s comparative negligence law affect my case?
Under Mississippi’s pure comparative negligence rule, you can recover compensation even if you are partially at fault for the accident. However, your award will be reduced by your percentage of fault. For example, if you are found 30% at fault and your total damages amount to $100,000, you would receive $70,000.

What should I do immediately after an accident?
After an accident, prioritize your safety and health. Call emergency services if needed and seek medical attention right away. Document the scene by taking photos, gathering contact information from witnesses, and filing a police report. Notify your insurance company promptly and consult an attorney to discuss your legal options.

What if the insurance company denies my claim?
If an insurance company denies your claim, you may still have legal options. An attorney can investigate the denial, gather additional evidence, and negotiate on your behalf. If the insurer refuses to settle fairly, your attorney can file a lawsuit to pursue compensation through the courts.

How long does it take to settle a personal injury claim in Mississippi?
The timeline for settling a personal injury claim varies depending on the complexity of the case, the severity of your injuries, and the willingness of the insurance company to negotiate. Some claims are resolved in a few months, while others may take a year or longer, particularly if litigation is necessary.

Can I file a claim if the at-fault party doesn’t have insurance?
Yes, if the at-fault party is uninsured or underinsured, you can pursue compensation through your own insurance policy if you have uninsured/underinsured motorist coverage. This type of coverage can help cover medical expenses and other damages when the at-fault party lacks sufficient insurance.

What is the statute of limitations for personal injury claims in Mississippi?
In Mississippi, you generally have three years from the date of the injury to file a personal injury lawsuit. Certain exceptions may apply, such as cases involving minors or claims against government entities, which may have shorter deadlines. It’s crucial to act promptly to protect your rights.

Do I need an attorney to file a personal injury claim?
While it is possible to file a claim without legal representation, having an attorney significantly improves your chances of securing fair compensation. Attorneys understand the legal process, can handle negotiations with insurance companies, and will build a strong case to maximize your recovery.

What if my injury was caused by a government entity?
If your injury involves a government entity, such as a city-owned bus or a poorly maintained public property, you must follow specific procedures to file a claim. In Mississippi, you must file a notice of claim within 90 days before filing a lawsuit against a government entity. An attorney can help you meet these requirements and avoid missing important deadlines.

Free Consultations Offered 24/7!

We offer free consultations 24/7, so call us today at (601) 969-2709 to discuss your case. Let us put our skills to work for you and help you on the path to justice.

Kellum Law Firm, P.C.
1438 North State St.
Jackson, MS 39202
(601) 969-2709
DIRECTIONS

Kellum Law Firm, P.C.
617 Market St.
Port Gibson, MS 39150
(601) 590-9000
DIRECTIONS

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Maximize Your Compensation with Legal Guidance from Kellum Law Firm, P.C.

When you’ve been injured due to someone else’s negligence in Mississippi, securing fair compensation is vital to cover your medical expenses, lost income, and emotional suffering. However, maximizing the value of your personal injury claim requires careful steps, strategic decisions, and the assistance of a knowledgeable attorney. Here’s what you need to know to strengthen your claim and achieve the best possible outcome.

Steps to Maximize Your Personal Injury Claim

1. Seek Immediate Medical Attention

Prompt medical treatment is critical after an accident, even if your injuries seem minor. Delays in seeking care can give insurance companies reason to question the severity of your injuries. By obtaining a thorough medical evaluation and following your doctor’s treatment plan, you create a clear record that supports the legitimacy of your claim.

2. Document Everything

Strong evidence is the foundation of a successful personal injury claim. Document the scene of the accident by taking photos or videos, and collect the names and contact information of witnesses. Keep all medical records, receipts, and correspondence related to your injuries and the accident. This documentation will help establish the extent of your damages and link them directly to the accident.

3. Avoid Speaking to Insurance Adjusters Alone

Insurance companies often attempt to minimize payouts by disputing claims or offering low settlements. Avoid giving recorded statements or discussing the details of your injuries without consulting your attorney. A skilled personal injury lawyer can handle communications with the insurance company, ensuring that you aren’t pressured into accepting an offer that doesn’t reflect the true value of your claim.

4. Prove Liability Through Evidence

Mississippi follows a comparative negligence rule, meaning your compensation can be reduced if you are found partially at fault for the accident. It’s essential to present clear evidence proving the other party’s negligence, such as:

  • Police reports
  • Witness statements
  • Photos and videos of the scene
  • Expert testimony from accident reconstruction specialists

A well-supported claim minimizes disputes and strengthens your position during settlement negotiations.

5. Account for All Damages

Your personal injury claim should reflect not only your medical expenses and lost wages but also non-economic damages like pain and suffering. Mississippi law allows compensation for:

  • Medical bills (past and future)
  • Property damage
  • Loss of earning capacity
  • Pain, suffering, and emotional distress
  • Loss of consortium (if the injury affects relationships with loved ones)

An experienced attorney will help you calculate the full value of your claim, ensuring no losses are overlooked.

6. Don’t Settle Too Quickly

After an accident, it’s natural to want to resolve your claim and move on. However, accepting an early settlement offer can leave you without sufficient compensation for future medical costs or long-term impacts. Consult your attorney before agreeing to any offer to ensure it adequately addresses your present and future needs.

7. Work with a Qualified Personal Injury Attorney

A skilled attorney can make a significant difference in the outcome of your claim. Your lawyer will guide you through the process, gather evidence, negotiate with insurance companies, and, if necessary, represent you in court. Legal representation not only improves your chances of obtaining full compensation but also allows you to focus on recovering from your injuries.

Common Pitfalls to Avoid

To maximize your compensation, avoid these mistakes:

  • Ignoring medical advice: Failing to follow your treatment plan can harm your health and your claim.
  • Posting on social media: Anything you share online can be used against you by the insurance company.
  • Missing deadlines: In Mississippi, the statute of limitations for personal injury claims is three years. Filing late will result in losing your right to compensation.
  • Representing yourself: Insurance companies often take advantage of unrepresented claimants.

By avoiding these pitfalls and working with an attorney, you can protect the value of your claim.

Injury FAQs

What is the most important factor in getting the most money for a personal injury claim?
The key factor is proving the other party’s liability through strong evidence. Mississippi’s comparative negligence rule reduces compensation based on your share of fault, so minimizing your liability is crucial. Working with an attorney ensures you gather the necessary documentation, including police reports, medical records, and witness testimony, to support your claim.

Can I still get compensation if I’m partially at fault for the accident?
Yes, Mississippi follows a pure comparative negligence rule, which means you can still recover damages even if you share some fault. However, your compensation will be reduced by your percentage of fault. For instance, if you are 20% at fault and your damages total $100,000, you can recover $80,000.

How do insurance companies calculate pain and suffering?
Pain and suffering are subjective damages, so there’s no fixed formula. Insurance companies may use methods like the multiplier method (multiplying your economic damages by a factor based on injury severity) or the per diem method (assigning a daily value to your suffering). An attorney can advocate for fair compensation by presenting evidence of how your injuries have affected your quality of life.

What if the at-fault party doesn’t have insurance?
If the at-fault party is uninsured, you may still recover compensation through your own uninsured/underinsured motorist coverage. This type of insurance is optional in Mississippi, but if you have it, it can cover your medical bills, lost wages, and other damages.

Why shouldn’t I accept the first settlement offer from the insurance company?
The first offer from an insurance company is typically much lower than the actual value of your claim. Insurance companies aim to minimize payouts, and initial offers rarely account for long-term costs like future medical care or lost earning capacity. Consult an attorney to evaluate the offer and negotiate for a fair settlement.

How long does it take to settle a personal injury claim in Mississippi?
The timeline varies depending on the complexity of your case. Some claims settle within months, while others require years if litigation is involved. Factors like the severity of injuries, disputes over liability, and the willingness of the insurance company to negotiate can impact the duration. An attorney can help expedite the process while ensuring you receive fair compensation.

What should I do if I feel pressured by an insurance adjuster?
If an insurance adjuster is pressuring you to accept a low settlement or give a recorded statement, politely decline and refer them to your attorney. Adjusters are trained to minimize payouts, so having legal representation ensures your rights are protected.

By following these strategies and seeking professional legal guidance, you can strengthen your personal injury claim and pursue the full compensation you deserve. For personalized assistance, contact Kellum Law Firm, P.C., in Jackson or Port Gibson today.

Free Consultations Offered 24/7!

We offer free consultations 24/7, so call us today at (601) 969-2709 to discuss your case. Let us put our skills to work for you and help you on the path to justice.

Kellum Law Firm, P.C.
1438 North State St.
Jackson, MS 39202
(601) 969-2709
DIRECTIONS

Kellum Law Firm, P.C.
617 Market St.
Port Gibson, MS 39150
(601) 590-9000
DIRECTIONS

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It is generally accepted that the debtor may not waive the automatic stay.  If the debtor affirmatively acts, such as by commencing litigation post-bankruptcy, the defendant is permitted to defend itself without running afoul of the automatic stay (although, in defining the parameters of a defense, many courts distinguish between mandatory counterclaims, which are allowed, and permissible counterclaims, which are not). 

Although the Bankruptcy Code contains a fairly detailed list of actions which are and which are not precluded by the automatic stay, it does not address the ramifications of failing to abide by its dictates, except in one respect. Under Bankruptcy Code section 362(h), any “individual” injured by a willful violation of the stay is entitled to recover actual damages, including attorneys’ fees, and in appropriate circumstances, may recover punitive damages. However, other than providing for a remedy, the Bankruptcy Code does not explain whether actions taken in violation of the stay are void from their inception, and should be deemed never to have occurred, or whether such actions are merely voidable, such that they will be permitted to stand unless and until the debtor, the bankruptcy trustee or some other party-in-interest in the bankruptcy case complains to the court. The distinction is an important one, given the potentially significant legal and property rights and remedies connected with a wide variety of actions that arguably run afoul of the automatic stay, whether they be voluntary, involuntary, knowing or unknowing.

In Kalb v. Feuerstein, the United States Supreme Court examined the issue under the former Bankruptcy Act and held that actions in violation of the automatic stay are void. The circuit courts that have addressed this issue in the context of the present day Bankruptcy Code are split. The minority view is that an act taken in violation of the automatic stay is not void, but merely voidable. The Fifth and District of Columbia Circuits subscribe to this position. A majority of the circuits hold that an action in violation of the automatic stay is void ab initio, although some courts, like the Third Circuit, have recognized that the bankruptcy court’s power to grant relief from the stay retroactively may make a stay violation merely voidable under appropriate circumstances.