Category Archives: Premises Liability

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Mississippi Apartment Balcony Fall Injury Lawsuits: What You Need to Know

Apartment balcony falls can be devastating, leading to severe injuries or even fatalities. In Mississippi, landlords and property managers have a duty to maintain safe premises for their tenants and visitors. When they fail in this duty, and an injury occurs, the injured party may have grounds for a personal injury lawsuit. This article will explore the legal landscape surrounding Mississippi apartment balcony fall injury lawsuits, including relevant statutes, common accident scenarios, types of injuries, the legal process, and how the Kellum Law Firm, P.C., can help you secure the compensation you deserve.

Understanding the Issue

Mississippi’s premises liability laws place a legal obligation on property owners and managers to ensure their properties are safe. When a balcony isn’t properly constructed, inspected, or maintained, it poses a significant risk. Common issues that lead to balcony falls include:

  • Rotted or weak wood
  • Loose or damaged railings
  • Improper construction or installation
  • Overloaded weight capacity
  • Inadequate maintenance or repairs

In many instances, landlords may neglect their duty to conduct regular inspections or make necessary repairs, leaving tenants and visitors vulnerable to catastrophic accidents.

Relevant Mississippi Statutes

In Mississippi, personal injury claims, including apartment balcony falls, are governed by the state’s premises liability laws. The central statutes to consider are:

  • Mississippi Code § 11-7-17: This statute addresses the concept of comparative negligence. It means that if an injured party is partially at fault, their compensation may be reduced by their percentage of fault.
  • Mississippi Code § 15-1-49: This is the statute of limitations for personal injury claims, which gives injured parties three years from the date of the accident to file a lawsuit. If you miss this deadline, you may lose your right to pursue compensation.
  • Mississippi Uniform Building Code: These regulations outline safety standards for construction and maintenance. If a balcony doesn’t comply with these codes, it can serve as evidence of negligence in a personal injury lawsuit.

Understanding these statutes is crucial for any individual seeking compensation for a balcony fall injury in Mississippi.

Common Accident Scenarios in Balcony Falls

Several scenarios can lead to balcony falls, each presenting unique challenges in establishing liability. Here are the most common ones:

  1. Structural Failure: Balconies may collapse if they aren’t built to code or are not adequately maintained. Property owners can be held liable if they knew or should have known about the structural deficiencies.
  2. Defective Railings: Railings that are loose, broken, or improperly installed can give way, leading to falls. Landlords have a responsibility to fix these defects.
  3. Overcrowding: When a balcony is subjected to more weight than it’s designed to handle, it can collapse. In such cases, determining liability can involve examining whether the property owner failed to post weight limits or warn tenants.
  4. Slippery Surfaces: Wet or icy surfaces can cause slips and falls. Landlords must take reasonable steps to prevent such hazards or warn tenants about them.

Types of Injuries and Fatalities

Balcony falls often result in severe injuries, given the height and force of the impact. Common injuries include:

  • Traumatic Brain Injuries (TBIs): A fall can cause serious head injuries, leading to long-term cognitive and physical impairments.
  • Spinal Cord Injuries: These injuries can result in partial or complete paralysis, drastically affecting an individual’s quality of life.
  • Broken Bones: Fractures of the arms, legs, ribs, or pelvis are common in falls from a height.
  • Internal Injuries: The force of a fall can cause damage to internal organs, leading to life-threatening conditions.
  • Fatalities: Unfortunately, some balcony falls result in death, making the family eligible for a wrongful death claim.

Potential Damages and Compensation

Victims of balcony falls may be entitled to several types of damages, including:

  • Medical Expenses: Covers current and future medical treatment, hospital bills, surgeries, rehabilitation, and medication.
  • Lost Wages: If the injury prevents you from working, you can claim compensation for lost income and diminished earning capacity.
  • Pain and Suffering: Non-economic damages for the physical pain and emotional distress caused by the injury.
  • Loss of Enjoyment of Life: Compensation for the impact the injury has on your ability to enjoy daily activities.
  • Wrongful Death Damages: In fatal cases, the victim’s family may be entitled to funeral expenses, loss of financial support, and loss of companionship.

The Personal Injury Lawsuit Process in Mississippi

The process of pursuing a balcony fall injury lawsuit typically involves the following steps:

  1. Consultation with a Personal Injury Attorney: Discuss your case with an experienced lawyer who will assess the facts and determine the strength of your claim.
  2. Investigation: Your attorney will gather evidence, including photos of the accident scene, witness statements, and maintenance records, to build a compelling case.
  3. Filing the Claim: Your attorney will file a lawsuit in the appropriate court within the three-year statute of limitations.
  4. Discovery Phase: Both parties exchange information and evidence, including depositions and interrogatories.
  5. Settlement Negotiations: Most cases settle before trial. Your attorney will negotiate with the at-fault party’s insurance company to secure a fair settlement.
  6. Trial: If a settlement isn’t reached, your case will proceed to trial, where your attorney will present evidence and argue your case before a judge or jury.

Why You Need an Experienced Mississippi Personal Injury Lawyer

Apartment balcony fall cases are complex, often requiring a thorough understanding of building codes, liability laws, and insurance tactics. An experienced attorney will help you:

  • Gather crucial evidence
  • Identify all liable parties
  • Maximize your compensation
  • Navigate legal procedures

Kellum Law Firm, P.C. vs. “Big Advertiser” Injury Law Firms

Unlike larger firms that may treat you as just another case, Kellum Law Firm, P.C. provides personalized attention. We understand the nuances of Mississippi law, and our small-firm approach means we dedicate the time and resources necessary to pursue full compensation for your injuries.

FAQs About Mississippi Apartment Balcony Fall Injury Lawsuits

What should I do immediately after a balcony fall accident?
Seek medical attention right away, even if you think your injuries are minor. Report the accident to your landlord, take photos of the scene, and gather witness contact information. Contact an attorney to protect your rights.

Can I still file a lawsuit if I was partially at fault for the fall?
Yes, Mississippi follows a comparative negligence rule. As long as you’re less than 50% at fault, you can still recover damages, but your compensation will be reduced by your percentage of fault.

How long does it take to resolve a balcony fall injury case?
The timeline varies depending on the complexity of your case, the willingness of the parties to settle, and whether the case goes to trial. It can take anywhere from several months to a few years.

What if the balcony wasn’t in my apartment?
You may still have a claim if the balcony was on someone else’s property, such as a friend’s apartment or a public space. The property owner’s duty to maintain safe premises applies regardless of whether you’re a tenant or visitor.

Can I file a wrongful death claim if my loved one died from a balcony fall?
Yes, the deceased’s surviving family members may pursue a wrongful death claim to seek compensation for funeral expenses, loss of financial support, and emotional suffering.

Why Choose Kellum Law Firm, P.C.

At Kellum Law Firm, P.C., we have a proven track record of successfully representing injury victims throughout Mississippi. Our firm stands out because:

  • We provide individualized attention to every client
  • We have extensive experience handling premises liability cases
  • We understand the unique challenges of Mississippi laws
  • We aggressively pursue full compensation for our clients
  • We offer free consultations and work on a contingency fee basis

Our firm serves clients in the Mississippi Gulf Coast, The Pine Belt, Central Mississippi, Oxford, Tupelo, and North Mississippi. No matter where you are in Mississippi, we’re here to help.

FREE CONSULTATIONS OFFERED 24/7

We Represent Clients In ALL Towns, Cities, and Counties In Mississippi

If you or a loved one has suffered from an apartment balcony fall, don’t wait to seek legal help. Contact Kellum Law Firm, P.C., today for a free consultation. We’re available 24/7 at (601) 969-2709 and are dedicated to fighting for the compensation you deserve. We serve clients throughout the Mississippi and every county throughout the state of Mississippi. Let us help you secure the justice and compensation that you deserve.

We represent injury victims throughout the State of Mississippi, including the Mississippi Gulf Coast, The Pine Belt, Central Mississippi, Oxford, Tupelo, and North Mississippi.

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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Mississippi Apartment Balcony Fall Wrongful Death Lawsuits

Understanding the Issue

Apartment balcony falls can be catastrophic, often resulting in severe injuries or even fatalities. When these tragic accidents occur due to negligence, whether it’s a poorly maintained structure, defective construction, or lack of proper safety measures, the responsible parties can and should be held accountable under Mississippi law. Wrongful death lawsuits arise when a fatal injury occurs due to another party’s negligence, allowing family members to seek compensation for their loss.

Relevant Mississippi Statutes

Mississippi law provides a legal framework for wrongful death actions under Mississippi Code Annotated § 11-7-13. This statute allows certain family members, such as the spouse, children, or parents, to pursue a wrongful death claim against those responsible. The statute covers cases where negligence, breach of duty, or intentional wrongdoing leads to the untimely death of an individual. Additionally, premises liability laws under Mississippi Code Annotated § 11-46-1 et seq. address the responsibility of landlords and property managers to maintain safe living conditions, including the upkeep of apartment balconies.

Common Accident Scenarios Involving Balcony Falls

Several factors can lead to an apartment balcony fall, including:

  • Defective Construction or Design: Balconies constructed with substandard materials or flawed designs can collapse, causing a fatal accident.
  • Poor Maintenance: Landlords have a duty to maintain their property. When balconies are left in disrepair, with issues such as rotting wood, loose railings, or rusted metal, they become hazardous.
  • Overcrowding: Allowing too many people on a balcony that isn’t designed to handle such weight can cause the structure to give way.
  • Lack of Proper Railings or Barriers: A balcony lacking sufficient railings or barriers poses a significant fall risk, especially for children or during gatherings.

Types of Injuries and How They Can Be Fatal

When a person falls from a balcony, the force of the impact often leads to catastrophic injuries, including:

  • Traumatic Brain Injuries (TBI): The sudden force to the head can result in severe brain damage, swelling, or internal bleeding, often proving fatal.
  • Spinal Cord Injuries: Falls can cause fractures or severing of the spinal cord, leading to paralysis or death.
  • Internal Organ Damage: The impact from a fall can cause severe damage to internal organs, leading to fatal internal bleeding.
  • Broken Bones: While fractures themselves may not be fatal, they can lead to complications like blood clots or infections, contributing to wrongful death.
  • Severe Lacerations: Falling onto sharp objects or debris can cause fatal cuts or wounds.

Potential Damages and Compensation

In Mississippi, wrongful death claims allow families to pursue compensation for various damages, including:

  • Medical Expenses: Costs associated with medical treatment prior to death, such as emergency room visits, surgeries, or life-support measures.
  • Funeral and Burial Costs: Expenses related to the decedent’s funeral and burial arrangements.
  • Lost Wages and Future Earnings: Compensation for the income the deceased would have earned had they lived.
  • Loss of Companionship and Consortium: Spouses, children, and parents may recover damages for the emotional pain of losing a loved one.
  • Pain and Suffering: Compensation for the physical and emotional suffering experienced by the deceased prior to passing.
  • Punitive Damages: In cases of gross negligence or willful misconduct, the court may award punitive damages to punish the wrongdoer.

The Personal Injury Lawsuit Process

  1. Initial Investigation: A wrongful death attorney will investigate the accident, gathering evidence such as photos, witness statements, police reports, and maintenance records.
  2. Filing the Lawsuit: A formal complaint is filed against the responsible parties, detailing the facts, allegations, and damages sought.
  3. Discovery Phase: Both sides exchange evidence and information, which may include depositions, interrogatories, and expert witness testimonies.
  4. Negotiations and Settlement Discussions: Often, cases are resolved through settlement negotiations, allowing families to avoid a lengthy trial.
  5. Trial: If a settlement isn’t reached, the case proceeds to trial, where a judge or jury determines fault and the appropriate compensation.

Why You Need an Experienced Mississippi Personal Injury Lawyer

Wrongful death cases are complex, requiring extensive knowledge of Mississippi laws, thorough investigation skills, and a strong ability to negotiate with insurance companies. An experienced attorney ensures that all legal avenues are explored, deadlines are met, and evidence is presented effectively, significantly increasing the chances of securing the full compensation the family deserves.

Why Choose Our Small Firm Over Big Advertiser Injury Law Firms

While large firms may have more advertising reach, they often juggle numerous cases, treating clients like just another file number. At Kellum Law Firm, P.C., we offer a personalized approach, ensuring each client receives the attention and dedication they deserve. We take the time to understand the nuances of your case, provide direct access to your attorney, and fight tirelessly for maximum compensation. Our hands-on approach ensures that you’re not lost in the shuffle, which often happens with the “big advertiser” firms.

Relevant Mississippi Fatal Fall Lawsuit FAQs

How long do I have to file a wrongful death claim in Mississippi? You have three years from the date of death to file a wrongful death claim in Mississippi, as per Mississippi Code Annotated § 15-1-49. However, if the death resulted from intentional harm, you may have a shorter time frame of one year. It’s crucial to consult with an attorney promptly.

Can I file a wrongful death claim if my loved one was partly at fault? Yes, under Mississippi’s comparative negligence laws (Mississippi Code Annotated § 85-5-7), you can still pursue a claim even if your loved one was partially at fault. However, the compensation may be reduced by their percentage of fault.

Who can file a wrongful death claim in Mississippi? The spouse, children, parents, or personal representative of the deceased’s estate may file a wrongful death claim. If none of these parties exist, siblings or other relatives may be eligible.

What evidence is needed for a wrongful death lawsuit? Evidence may include maintenance records, witness statements, photographs of the accident scene, expert testimony, medical records, and any documentation proving negligence by the responsible party.

Can punitive damages be awarded in wrongful death cases? Yes, punitive damages may be awarded in cases of gross negligence or intentional misconduct to punish the wrongdoer and deter similar conduct. These damages are separate from compensatory damages.

Why Choose Kellum Law Firm, P.C.

Kellum Law Firm, P.C. has a proven track record of successfully representing injury victims throughout Mississippi. With our deep knowledge of Mississippi wrongful death statutes and our dedication to our clients, we stand by families during the most challenging times, fighting to ensure they receive the justice and compensation they deserve. We represent clients across the entire state, including the Mississippi Gulf Coast, The Pine Belt, Central Mississippi, Oxford, Tupelo, and North Mississippi. Our firm offers personalized legal services, treating every case with the utmost importance and compassion.

FREE CONSULTATIONS OFFERED 24/7

We Represent Clients In ALL Towns, Cities, and Counties In Mississippi

If you’ve lost a loved one in an apartment balcony fall, you deserve a dedicated legal advocate who will fight for your family’s rights. Call Kellum Law Firm, P.C., today for a free consultation 24/7 at (601) 969-2709. As experienced personal injury attorneys, we have a track record of success and serve clients throughout the Mississippi. We are dedicated to fighting for the compensation you deserve. We serve clients throughout the Mississippi and every county throughout the state of Mississippi. Let us help you secure the justice and compensation that you deserve.

We represent injury victims throughout the State of Mississippi, including the Mississippi Gulf Coast, The Pine Belt, Central Mississippi, Oxford, Tupelo, and North Mississippi.

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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Slip-and-fall accidents are among the most common causes of personal injury claims, and retail stores like Walmart are frequently the sites of these incidents. Whether you are shopping for groceries or household goods, the last thing you expect is to suffer a serious injury due to unsafe conditions. If you or a loved one has experienced a slip-and-fall accident at a Walmart in Jackson, Mississippi, understanding your legal rights and options is crucial.

Kellum Law Firm, P.C., with offices in Jackson and Port Gibson, Mississippi, is here to help individuals who have suffered injuries in these types of accidents. We guide our clients through the legal process, helping them seek compensation for their injuries and hold negligent parties accountable.

Slip-and-Fall Accidents: A Common Problem

Slip-and-fall accidents can occur anywhere, but large retail stores like Walmart are especially prone to these types of incidents due to the high volume of foot traffic and the variety of hazards that can arise. Common causes of slip-and-fall accidents in Walmart stores include:

  • Spilled Liquids: Spilled drinks, cleaning solutions, or leaking products can create slippery surfaces that pose a danger to unsuspecting shoppers.
  • Obstructions in Aisles: Merchandise or cleaning equipment left in aisles can lead to tripping hazards.
  • Uneven Flooring: Damaged or uneven flooring, such as torn carpeting or loose tiles, can easily cause customers to trip and fall.
  • Poor Lighting: Insufficient lighting in certain areas of the store may make it difficult for shoppers to see potential hazards.
  • Wet Floors: Recently mopped floors that are not properly marked with warning signs can catch shoppers off guard.

Regardless of the cause, slip-and-fall accidents can result in a wide range of injuries, including fractures, sprains, head injuries, and even spinal damage. The severity of these injuries can lead to significant medical bills, lost wages, and pain and suffering. If your accident was caused by the negligence of Walmart employees or management, you may be entitled to compensation for your damages.

Proving Negligence in Slip-and-Fall Cases

To successfully pursue a slip-and-fall injury claim, it is essential to prove that Walmart was negligent in maintaining a safe environment for its customers. This requires showing that the store’s employees or management either knew, or should have known, about the dangerous condition that led to the accident and failed to take appropriate action to correct it. This could involve:

  • Failing to Clean Up Spills Promptly: If an employee was aware of a spill but failed to clean it up in a timely manner, or if the store lacked a reasonable system for regularly inspecting for hazards, Walmart could be held liable.
  • Not Marking Hazards with Warning Signs: When floors are wet due to cleaning or leaks, it is Walmart’s responsibility to place warning signs to alert customers to the potential danger.
  • Ignoring Maintenance Issues: If Walmart management failed to address known hazards, such as damaged flooring or inadequate lighting, this could be considered negligence.

In some cases, slip-and-fall accidents are captured on security cameras, which can be invaluable in proving that a hazardous condition existed and that Walmart failed to address it. Witness statements, maintenance records, and photos of the accident scene can also be used as evidence to support your claim.

Filing a Slip-and-Fall Claim in Mississippi

If you have been injured in a slip-and-fall accident at a Walmart in Jackson, MS, you have the right to file a personal injury claim seeking compensation for your injuries. The legal process for filing a claim typically involves several steps:

  1. Seek Medical Attention: Your health should always be your top priority. After a slip-and-fall accident, seek immediate medical attention, even if you do not think your injuries are severe. Some injuries may not be immediately apparent, and having documentation of your medical treatment is critical for your case.
  2. Report the Accident: It is important to report the slip-and-fall accident to Walmart management as soon as possible. Make sure the incident is documented in an accident report and ask for a copy for your records.
  3. Gather Evidence: If possible, take photos of the hazardous condition that caused your fall, as well as the surrounding area. Collect the contact information of any witnesses who saw the accident. This evidence will be crucial in proving your case.
  4. Consult with an Attorney: Before speaking with Walmart’s insurance representatives, consult with an experienced personal injury attorney. At Kellum Law Firm, P.C., we will advise you on how to proceed, handle all communications with insurance companies, and ensure that your rights are protected.
  5. Negotiate or File a Lawsuit: Many slip-and-fall claims are settled through negotiations with the store’s insurance company. However, if a fair settlement cannot be reached, your attorney may recommend filing a lawsuit to pursue compensation through the court system.

What Compensation Can You Recover?

Victims of slip-and-fall accidents may be entitled to several types of compensation, depending on the circumstances of the accident and the severity of their injuries. Compensation may include:

  • Medical Expenses: This includes the cost of emergency care, hospital stays, surgery, medication, physical therapy, and any ongoing medical treatment related to your injury.
  • Lost Wages: If you are unable to work due to your injuries, you may be entitled to compensation for the wages you have lost, as well as future earnings if your injury results in long-term disability.
  • Pain and Suffering: In addition to financial losses, you may also be compensated for the physical pain and emotional distress caused by your injury.
  • Property Damage: If personal property, such as clothing or electronics, was damaged in the fall, you may be entitled to reimbursement for those losses.

At Kellum Law Firm, P.C., we work diligently to ensure that our clients receive the full compensation they are entitled to. We understand the financial strain that a serious injury can place on you and your family, and we are committed to fighting for justice on your behalf.

Why Choose Kellum Law Firm, P.C.?

Slip-and-fall cases can be challenging to prove, particularly when dealing with large corporations like Walmart. Kellum Law Firm, P.C. has the experience and resources necessary to take on these cases and pursue the best possible outcome for our clients. With offices in Jackson and Port Gibson, we serve clients throughout Mississippi who have been injured due to the negligence of others.

We understand the frustration and hardship that slip-and-fall injuries can cause, and we are dedicated to providing compassionate, effective legal representation to our clients. If you have been injured in a slip-and-fall accident at Walmart or any other retail location in Gulfport, MS, contact us today for a free consultation. We can be reached at our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000.

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Slip-and-fall accidents can happen anywhere and often result in serious injuries. If you’ve been injured in a slip-and-fall accident, it’s important to understand your rights and the steps you need to take to protect them. At Kellum Law Firm, P.C., we represent slip-and-fall accident victims throughout Mississippi, with offices in Jackson and Port Gibson to serve clients in south and central Mississippi.

Common Causes of Slip-and-Fall Accidents

Slip-and-fall accidents can be caused by various hazardous conditions, including:

  • Wet or slippery floors
  • Uneven or cracked sidewalks
  • Poor lighting
  • Loose or torn carpeting
  • Cluttered walkways
  • Ice or snow accumulation

Steps to Take After a Slip-and-Fall Accident

Taking the right actions after a slip-and-fall accident can significantly impact your ability to recover compensation. Here are some important steps to follow:

  • Seek Medical Attention: Your health and safety should be the top priority. Get medical help right away.
  • Document the Scene: Take photos of the accident scene, any hazards that caused the fall, and any visible injuries.
  • Get Contact Information: Collect contact details from property owners, managers, and any witnesses.
  • Report the Accident: Notify the property owner or manager and file an incident report. Obtain a copy for your records.
  • Contact an Attorney: Reach out to Kellum Law Firm, P.C. to discuss your case and explore your legal options.

Common Injuries in Slip-and-Fall Accidents

Slip-and-fall accidents can lead to various injuries, some of which may have long-term consequences. Common injuries include:

  • Broken Bones: Falls can cause fractures to arms, legs, hips, and other bones.
  • Sprains and Strains: Ligament and tendon injuries can result from the sudden impact of a fall.
  • Head Injuries: Concussions and traumatic brain injuries can occur if the head strikes a hard surface.
  • Back and Spinal Cord Injuries: Falls can cause herniated discs, spinal fractures, and other serious back injuries.
  • Cuts and Bruises: While often minor, these injuries can still be painful and require medical attention.

How Kellum Law Firm, P.C. Can Help

At Kellum Law Firm, P.C., we have extensive experience handling slip-and-fall accident cases. We understand the tactics used by property owners and their insurers to minimize or deny claims. Our team is committed to fighting for the compensation you deserve, including medical expenses, lost wages, pain and suffering, and more.

With our main office in Jackson and a satellite office in Port Gibson, we provide convenient access to legal assistance for clients throughout south and central Mississippi. Contact us today at (601) 969-2709 or (601) 590-9000 to receive your free consultation.

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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Personal injury cases can arise from a wide range of accidents and incidents in Jackson, Mississippi. Understanding the common types of personal injury cases is essential, as it helps individuals recognize when they may have a valid claim for compensation. In this article, we will explore some of the most prevalent types of personal injury cases in Jackson, MS.

1. Car Accidents: Car accidents are one of the most common causes of personal injury in Jackson. These accidents can result from various factors, including distracted driving, speeding, drunk driving, or reckless behavior. Victims of car accidents often pursue compensation for medical expenses, lost wages, property damage, and pain and suffering.

2. Slip and Fall Accidents: Slip and fall accidents can happen in public places, private residences, or commercial establishments due to hazardous conditions like wet floors, uneven surfaces, or inadequate lighting. Property owners or managers may be held responsible for injuries sustained on their premises.

3. Medical Malpractice: Medical malpractice occurs when a healthcare professional’s negligence leads to harm or injury to a patient. This can include misdiagnosis, surgical errors, medication mistakes, or inadequate care. Victims of medical malpractice may seek compensation for medical expenses, lost income, and pain and suffering.

4. Product Liability: Product liability cases involve injuries caused by defective or dangerous products. This can include faulty automobiles, defective pharmaceuticals, or poorly designed consumer goods. Manufacturers, distributors, and sellers may be held liable for injuries caused by their products.

5. Dog Bites: Dog bite incidents can result in severe injuries, both physical and emotional. Mississippi follows a strict liability rule, meaning that dog owners can be held responsible for injuries caused by their dogs, even if the dog had no prior history of aggression. Victims of dog bites can seek compensation for medical bills and pain and suffering.

6. Workplace Accidents: Workplace accidents can lead to injuries, illnesses, or even fatalities. Workers’ compensation laws in Mississippi provide benefits to employees injured on the job. In some cases, third-party liability claims may be pursued against parties other than the employer if their negligence contributed to the workplace injury.

7. Nursing Home Abuse: Cases of nursing home abuse and neglect can result in physical injuries, emotional trauma, or medical complications for elderly residents. Families of nursing home residents can file personal injury claims to seek justice and compensation for their loved ones.

8. Construction Accidents: Construction sites are inherently dangerous, and accidents can happen due to falls, equipment malfunctions, or unsafe conditions. Injured construction workers may be eligible for workers’ compensation benefits or pursue third-party liability claims.

Recognizing the common types of personal injury cases in Jackson, Mississippi, is vital for anyone who has suffered harm due to someone else’s negligence or wrongdoing. If you or a loved one has been injured in any of these situations, it’s essential to consult with an experienced personal injury attorney in Jackson, MS, who can assess your case and guide you through the legal process to seek the compensation you deserve.

Don’t hesitate to call us today at (601) 969-2709 to receive your free consultation. We will evaluate your case and determine the best course of action to help you recover from your injuries and get your life back on track. We understand how difficult it can be to deal with the aftermath of a personal injury in Mississippi, and we are here to help. Call us today to speak with Personal Injury Attorney Bill Kellum and take the first step towards 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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Personal injury cases in Mississippi are governed by a set of laws and regulations that determine how claims are handled, who is responsible for injuries, and what compensation may be available to victims. This article aims to provide a comprehensive understanding of Mississippi’s personal injury laws, shedding light on key principles and important aspects of the legal framework. It’s important to note that these laws are subject to change, so consulting an attorney for the most up-to-date information is advisable.

  • Statute of Limitations:
    • Mississippi has specific time limits, known as statutes of limitations, within which you must file a personal injury lawsuit. Generally, the statute of limitations for most personal injury cases is three years from the date of the injury or accident.
    • Failing to file within this timeframe may result in your claim being barred.
  • Comparative Fault:
    • Mississippi follows a comparative fault system. This means that even if you are partially at fault for your injury, you can still recover damages. However, your recovery may be reduced in proportion to your level of fault. For example, if you are found 20% at fault for an accident and awarded $10,000 in damages, your recovery will be reduced to $8,000.
  • Auto Insurance Requirements:
    • Mississippi law mandates that all drivers carry liability insurance coverage. The minimum coverage requirements are $25,000 for bodily injury per person, $50,000 for bodily injury per accident, and $25,000 for property damage.
    • Uninsured motorist coverage is also required unless it is explicitly rejected in writing.
  • 4. Dog Bite Liability:
    • Mississippi follows a strict liability rule for dog bite cases. This means that a dog owner can be held liable for injuries caused by their dog, regardless of whether the dog had shown previous aggressive behavior.
    • The owner may be held responsible for medical expenses, pain and suffering, and other damages resulting from the dog bite.
  • 5. Premises Liability:
    • Property owners in Mississippi have a duty to maintain their premises in a reasonably safe condition. If a person is injured due to a hazardous condition on someone else’s property, the property owner may be held liable.
    • Visitors are categorized as invitees, licensees, or trespassers, and the level of care owed by the property owner varies accordingly.
  • 6. Damages:
    • In personal injury cases, damages may include medical expenses, lost wages, pain and suffering, property damage, and more.
    • Mississippi places a cap on non-economic damages in medical malpractice cases at $500,000.
  • 7. Wrongful Death Claims:
    •  Mississippi allows surviving family members to file wrongful death claims when a loved one dies due to another party’s negligence.
    • Damages in wrongful death cases may include funeral expenses, loss of companionship, and financial losses incurred due to the death.

Understanding Mississippi’s personal injury laws is essential when pursuing a claim for damages. These laws are designed to protect the rights of injured individuals and hold negligent parties accountable. If you’re involved in a personal injury case in Mississippi, it’s advisable to consult with an experienced attorney who can provide legal guidance tailored to your specific situation.

Don’t hesitate to call us today at (601) 969-2709 to receive your free consultation. We will evaluate your case and determine the best course of action to help you recover from your injuries and get your life back on track. We understand how difficult it can be to deal with the aftermath of a personal injury in Mississippi, and we are here to help. Call us today to speak with Attorney Bill Kellum and take the first step towards 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 has long been established that an individual who rents from another is an “invitee” and is owed a duty of ordinary care by the landlord to keep the premises reasonably safe.  Mississippi courts have held that a person who is on the rental property at the invitation of the tenant is owed the same duty.  In Joiner v. Haley, 777 So.2d 50, 52 (Miss. App.2000), the Court stated that “it would appear that an invited guest on the premises of rental property would be afforded the same protections extended to the tenant.” The Court also noted that in multi-unit apartment buildings, where the owner expressly or impliedly reserves parts for common use, “[i]t is the landlord’s duty to keep safe such parts over which he reserves control, and, if he is negligent in this respect, and personal injury results to a tenant or to a person there in the right of the tenant, he is liable in tort.” Lucas v. Miss. Hous. Auth. No. 8, 441 So.2d 101, 103 (Miss. 1983) (quoting Turnipseed v. McGee, 236 Miss. 159, 109 So.2d 551 (1959)).

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“The ownership, control, or occupancy of a thing”, most frequently land or personal property, by a person.The U.S. Supreme Court has held that “there is no word more ambiguous in its meaning than possession” (National Safe Deposit Co. v. Stead, 232 U.S. 58, 34 S. Ct. 209, 58L. Ed. 504 [1914]). The term “possession” has a variety of possible meanings. As a result, possession,or lack of possession, is often the subject of controversy in civil cases involving real and personal property and criminal cases involving drugs and weapon

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An Indemnity Agreement is a contract provision wherein one party to the contract agrees to pay costs incurred by the other party to the contract as a result of the other party being held liable to a third party or having to defend against a claim filed by a third party.  Mississippi Code § 31-5-41 (1972) provides:

“With respect to all public or private contracts or agreements, for the construction, alteration, repair or maintenance of buildings, [or] structures…every covenant, promise and/or agreement contained therein to indemnify or hold harmless another person from that person’s own negligence is void as against public policy and wholly unenforceable.”

In the the case of Illinois Cent. Gulf R. Co. v. International Paper Co. the Mississippi Supreme Court held that this statute deals expressly with “work dealing with construction” and does not extend beyond the construction context. Id. 824 F.2d 403 (5th Cir. 1987). However, a “hold harmless”  provision will be enforced as long as a party is not seeking to recover for the party’s own negligence. American Cyanamid Co. v. Campbell Const. Co., 864 F. Supp. 580 (S.D. Miss. 1994).

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One ground upon which a lawsuit may be dimissed is that of forum non conveniens.  A defendant may present arguments that the venue in which the lawsuit was filed is improper due to lack of access to witnesses and evidence.  In determining whether to grant a motion to dismiss an action or to transfer venue under the doctrine of forum non conveniens, the court shall give consideration to the following factors:

(i) Relative ease of access to sources of proof;

(ii) Availability and cost of compulsory process for attendance of unwilling witnesses;

(iii) Possibility of viewing of the premises, if viewing would be appropriate to the action;

(iv) Unnecessary expense or trouble to the defendant not necessary to the plaintiff’s own right to pursue his remedy;

(v) Administrative difficulties for the forum courts;

(vi) Existence of local interests in deciding the case at home; and

(vii) The traditional deference given to a plaintiff’s choice of forum. Alston v. Pope, 112 So.3d 422 (Miss. 2013)    Miss.Code Ann. § 11-11-3(4)(a) (Rev.2004).