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Pascagoula, Mississippi 39567


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Personal Injury

Tynes Law Firm P A > Personal Injury

What is a personal injury case?

A personal injury is any type of physical injury caused by the negligence of another person or company. The injury may have resulted from a car wreck, 18–wheeler wreck, bus wreck, airplane crash, train wreck, trucking wreck, slip and fall, defective product case, medical negligence, wrongful death, or other situations where someone's negligence. There are cases where a personal injury may be caused by intentional conduct, such as an assault and battery. Mississippi personal injury cases are governed by a statute of limitations that varies depending on the facts of each case, which places limits on the length of time you have to file a personal injury lawsuit. You should consult an attorney to determine the appropriate statute of limitations for your case. If you wait too long, the statute of limitations may bar you from filing the case, and you will not receive the compensation you deserve!

Do I need to hire a personal injury attorney in my area?

No, you do not. But if you decide to hire an attorney to represent you, your personal injury law firm should be from your state or region. Personal injury attorneys in your state or area are knowledgeable about the law that will apply to your case. If you were injured outside the state in which you live, then you may either contact an attorney in your area, who may refer you to an attorney in the state where the injury occurred, or you may directly contact an attorney where the injury occurred. Personal injury attorneys frequently have many contacts in the community, including police and government officials, that may help your case.

I did not think I was hurt, but now I feel awful. What do I do?

Often injuries are not recognized or noticeable until days or in some cases, weeks after the accident. Even though you may not feel any discomfort or pain immediately, you may be suffering from internal injuries or injuries that may be symptomatic later. You should always seek medical attention after being involved in an accident. When you see the doctor, make sure to mention any symptoms you may have, no matter how minor. Do not play the medical expert or cruise the Internet to evaluate the importance of a symptom. It is better to begin treatment for injuries early to prevent the deterioration of your condition.

When should I seek medical treatment?

Immediately. You should seek medical treatment as soon as an incident occurs or as soon as possible thereafter. You should continue treatment until your doctor or other healthcare professional discharges you from their care. If you are still experiencing symptoms after you are discharged, you may need to seek a second opinion or consult a specialist to make sure you heal properly and have been diligent in seeking proper medical treatment.

Who pays my medical bills?

Ideally, the liability insurance company will pay for your medical bills without any hassle. But insurance companies often dispute liability, so it may be difficult to get an insurance provider to pay your bills up front. If that happens, it is generally wise to have your health insurance pay your medical bills and seek reimbursement from the liability insurance company as part of the settlement.

What if I don't have health insurance?

If you don't have health insurance, in very limited circumstances, you may be able to get the liable party's insurance information to pay for your medical care, but this is extremely rare. Even if the insurance company for the party at fault agrees that their insured was responsible for the accident and your injuries, the insurance company will almost never pay your bills unless you agree to settle your case. In the meantime, medical providers will hold you responsible for the payment of your bills. If you do not pay your medical expenses, the bills may be turned over to a collection agency, which will adversely affect your credit. In some instances, your attorney may provide a "letter of protection" to the medical provider or the collection agency asking them to stop collection efforts in return for an agreement to pay the bill out of any settlement or judgment. If you need additional treatment, an attorney may be able to assist you in finding a medical provider who will treat you in return for a letter of protection.

Do I have a case even if health insurance pays my medical bills?

Yes, you have a case even if someone else pays your medical bills. Your medical bills are used to help determine the value of your case, regardless of who pays them. If your health insurance pays your medical bills, your insurance company may seek reimbursement for the money it spent on your medical care and may impose what is called a 'subrogation lien'.

What do I need to file a personal injury case?

First, you must have suffered an injury or damages resulting from someone else’s negligence. If you are involved in an accident that is not your fault, contact a personal injury attorney to discuss the details of your accident and make sure to get medical treatment for your injuries. You will need the police report, any photographs that exist relating to the accident, and copies of your medical records and bills. If you do not have these documents, your attorney can request them on your behalf.

How much does it cost to talk to you about my case?

We never charge for initial consultations for personal injury cases. These cases normally involve a contingency fee agreement, where the client agrees to pay a specified percentage of the recovery, which varies depending on the stage at which the case settles or goes to trial. If there is no recovery, there is no cost to you, and the attorney absorbs any expenses that were advanced on your behalf.

Feel free to call Tynes Law Firm, PA for a free initial consultation and case review.

How soon should I get a lawyer?

As soon as possible, especially if the injuries are severe or the accident resulted in death. Due to the passage of time, valuable evidence may disappear, people forget crucial information, witnesses move or can’t be found, and the ability to prove your case may significantly decline. If you are still undergoing medical treatment, an attorney may provide guidance concerning your medical care and help you deal with unpaid medical bills and expenses. Legal advice can also be useful if you have questions about the settlement value of your claim, your insurance policy’s terms, or suspect bad faith on the part of your insurance company.

Contact Tynes Law Firm, PA to discuss your personal injury case for free.

Do I need to hire a personal injury attorney?

If you are involved in a minor wreck that only has property damage, you probably do not need a personal injury attorney. However, if you had a serious accident or injury (broken bones, head trauma, lacerations, amputation, paralysis, or the like) that requires medical care, results in property damage, and/or causes you to miss work, a personal injury attorney can make sure you receive the compensation you deserve.

What should I look for in a personal injury lawyer?

Look for an attorney with experience in personal injury cases. Just like doctors who specialize in specific types of medical conditions, there are lawyers that specialize in certain areas of the law. You deserve an attorney and staff that are caring and responsive to your needs; go the extra mile for you, and obtain the compensation you need and deserve.

Can I resolve the case without hiring a personal injury attorney?

Yes, you can, but your final recovery may be significantly less than if you had the help of an attorney. A trained, experienced Mississippi personal injury lawyer will act as your advocate and work diligently on your behalf. You can rest easier knowing you have someone in your corner to help you receive adequate compensation for your injuries and damages.

What types of damages are generally available in personal injury cases?

In Mississippi, damages may be recoverable for:

·         The nature and extent of your injury (and whether it was temporary or permanent)

·         Medical expenses (past and future)

·         Pain and suffering (past, present, and future)

·         Mental distress and emotional anguish (past, present, and future)

·         Lost wages (past, present, and future) and wage-earning capacity

·         Scarring, disfigurement or, permanent physical impairment

·         Loss of companionship and love for an injured spouse

·         Nursing care and rehabilitation

·         Property damage

·         Other similar expenses depending on the type of injuries you suffered

How long does it take to complete a personal injury case?

The length of time it takes to resolve a personal injury case varies from case to case. In a motor vehicle accident with clear liability and minor damages, your case could settle fairly quickly, depending on the severity of your injuries and how long you receive medical treatment. A complicated medical malpractice case with many defendants and large damages may take significantly longer to resolve in terms of liability and damages. As there are many variables in each case, this is question can be best answered by your attorney, depending on the merits of your case.

Will I have to spend a lot of time working on the case?

The great news about hiring a personal injury attorney is that your attorney will take care of most of the work. You will need to show up for your medical appointments, keep the lawyer updated on your medical status and treatment, and forward any paperwork you receive regarding your accident to your attorney. Your attorney will handle all communication with the insurance companies and any necessary litigation and will let you know if and when you need to do anything. Otherwise, leave it in your attorney’s capable hands and focus on living your life.

How do I decide whether to sue or settle?

Tynes Law Firm, PA can help you make this decision. Generally, settling a case before filing suit or going to trial is a good idea, as you are at the mercy of a jury award if the case goes to trial. There are instances where a jury may award more than expected, but juries may also award small or nominal amounts. There are many factors to consider when settling your case. If you can reach an agreement with the defendant on the value of your case, then settlement may be the best option for everyone involved. However, if you cannot reach an agreement on the value of your damages, or if the defendant does not feel he is at fault, it may be necessary to file a lawsuit and present your case before a jury. Ultimately, the decision of whether to settle or not is yours. Your personal injury attorney can advise you, but you have the final word on whether or not to accept a settlement.

What is a structured settlement?

A structured settlement generally means that you receive only a portion of the settlement up front, and the rest will go into a trust account, investment product, or other financial security vehicle that gains interest and is paid out over time. You may receive a larger settlement overall if you choose a structured settlement, but you will not receive as much money up front. You should consult your personal injury attorney to discuss whether a structured settlement may be available in your case and whether it might benefit you.

What does it mean when I sign a release?

Although each release contains language that is specific to the case, it generally means that by signing the release, in exchange for certain consideration, you give up the right to seek any further recovery from the individual or entity released. If you agree to settle your personal injury case for a certain sum of money, for example $25,000, you will be required to sign a release against that defendant agreeing not to take any further action against that defendant in return for the payment of $25,000. You should NEVER sign a release unless your attorney reviews it and advises you to sign it. Insurance companies have been known to try to mislead people into signing a release that results in them losing their ability to go forward with a personal injury case against the at-fault person or company. You may be asked to sign a release to settle your property damage-only claim with an insurance company, but you should make sure the release is for the property damage claim only and not for any personal injury claim you may have. Do not sign a release for your personal injury claim until your medical treatment is either completed or you have conferred with your attorney.

Can I make a claim for punitive damages?

Punitive damages are only available in cases of intentional misconduct, extreme recklessness or 'gross' negligence. Most cases involving negligence do not meet the standard required to qualify for punitive damages. The purpose of punitive damages is to punish the wrongdoer from doing anything similar in the future and to discourage others from similar conduct. If punitive damages may be appropriate in a given case, the jury considers the defendant’s financial worth when determining the amount awarded. Some states have limitations on how much a jury may award in punitive damages.

What if someone causes the death of a family member?

In certain cases, the death of a person may be caused by the negligence of another person or entity. These cases are called “wrongful death” cases and are brought on behalf of the deceased person by a family member or family members, who are known as the “wrongful death beneficiaries.” The law of the state where the case is filed generally determines what relationship may entitle a person to make a wrongful death claim. In Mississippi, a spouse and children, or parents and siblings, may bring a claim as “wrongful death beneficiaries” and may be entitled to compensation for any damages, including funeral costs, loss of love and companionship, and economic loss they suffered as a result of the death of their relative. Wrongful death beneficiaries may also claim damages for the mental anguish and emotional distress they suffered as a result of the death of their loved one.

What is my case worth?

Each case is different. The value of your case depends on many factors such as, the amount of your medical expenses, wage loss, scarring and disfigurement, permanent physical impairment, future damages such as ongoing medical expenses, where the incident took place, the likelihood of punitive damages, the amount of insurance coverage, where the case is filed, and the degree of fault of the persons or parties involved.

Why should I hire Tynes Law Firm, PA?

Our firm has experienced attorneys and staff, financial resources, and the legal technology to handle personal injury cases of any size. We want to help you receive the justice you deserve.