Mississippi Personal Injury Lawyer
The goal in an injury case is simple to say and hard to reach: get your medical care covered, replace the income you are losing, and hold the right party responsible for the rest. Lunsford, Baskin & Priebe PLLC handles workers’ compensation and personal injury claims for injured people across Mississippi, and a Mississippi personal injury lawyer from our team can help you work out which claims you actually have and how they fit together.
Here is the part most people do not realize at the start. A hurt worker often has more than one path to recovery. Workers’ compensation pays medical care and wage benefits regardless of who caused the accident, but it does not pay for pain and suffering. If a negligent driver, a contractor, or a property owner other than your employer contributed to the injury, a separate personal injury claim may be available against that outsider. Getting both claims working together, rather than against each other, is where a lot of the value in a serious case is won or lost.
Mississippi has its own rules about deadlines, fault, and damages, and they differ from Louisiana’s in ways that matter. The sections below walk through how these cases actually work in Mississippi, what to do in the first days after an injury, and the questions people most often ask us.
Why Choose Lunsford, Baskin & Priebe for a Mississippi Injury Claim
Lunsford, Baskin & Priebe PLLC represents injured people throughout Mississippi and South Louisiana, from Jackson and Madison to the Gulf Coast, Hattiesburg, Southaven, and the Delta. Most lawyers who take a work injury do so only when one happens to walk in the door. We built the practice the other way around, and our personal injury work grows out of that same focus on people hurt on the job and on the road.
Founding Partner Rob Lunsford has spent his entire legal career representing injured workers. Partners Brad Baskin and Jennifer Priebe have been recognized by Best Lawyers, Super Lawyers, and The National Trial Lawyers, and the firm was ranked by Best Law Firms for Workers’ Compensation Law, Claimants, in Jackson. Andrew Rueff has successfully tried dozens of jury and bench trials to verdict and has argued personal injury and insurance cases before Mississippi’s appellate courts.
The results reflect that depth. We have recovered more than $100 million in settlements for clients, including $685,000 for a surgical tech with a lower back injury, $600,000 for a construction worker with a complex back injury, $385,000 for a project manager injured when his work vehicle was struck, and $221,000 for a land-based oil rig worker with severe burns. Clients often tell us the same thing in their reviews: they were listened to, they were kept informed, and someone stood up to the insurance company for them. We work on a no recovery, no fee basis, consultations are free, we advance the costs of your case, and our phones are answered 24 hours a day. Hablamos espanol.
Kinds of Injury Claims We Handle Across Mississippi
- Car and Truck Accidents: Interstate 55, Interstate 20, and Highway 49 carry heavy commercial and commuter traffic through the Jackson area, and crashes involving delivery drivers, tractor-trailers, and work vehicles often produce both a workers’ compensation claim and a claim against the at-fault driver.
- Work-Related Third-Party Claims: When someone other than your employer causes the injury, such as a subcontractor on a shared site or a driver who hits your work truck, you may pursue that party in addition to comp benefits.
- Premises Liability: Falls from unsafe walkways, poorly maintained stairs, inadequate lighting, and hazards on property owned by someone other than your employer can support a negligence claim.
- Back, Neck, and Spine Injuries: Lumbar and cervical disc herniations are among the most common serious injuries we see, and insurers frequently blame degenerative disc disease rather than the accident.
- Shoulder and Knee Injuries: Torn rotator cuffs, SLAP tears, ACL tears, and meniscus tears often need surgery and long recovery, and employers sometimes try to call them old sports injuries.
- Burns and Catastrophic Injuries: Oil field, plant, and industrial sites across the state produce severe burns and life-changing injuries where full medical and wage recovery is critical.
- Firefighter and First Responder Claims: Heart and lung disease, hypertension, hepatitis, hearing loss, posttraumatic stress, and cancer tied to the job require careful medical proof.
- Wrongful Death: When a fatal accident takes a family member, survivors may have claims against the responsible parties in addition to any death benefits available through workers’ compensation.
What to Do After an Injury in Mississippi
Start with your health. Get medical attention right away and tell the provider exactly how the injury happened, because early records become the backbone of everything that follows. Gaps in treatment, or vague descriptions of the cause, are the first things an insurance adjuster looks for.
If the injury happened at work, report it to your employer promptly and in writing if you can. Mississippi requires notice to the employer within 30 days of the accident, and waiting invites the argument that the injury did not happen at work. Mississippi covers workers from the first day of employment, with no waiting period, so a brand-new hire is protected the same as a longtime employee. For the comp claim itself, you generally have two years from the date of injury, or from the last compensation payment, to file a petition with the Mississippi Workers’ Compensation Commission. Those cases are heard by an Administrative Judge, and the Full Commission reviews the record if a decision is appealed. A final Commission award can be appealed within 30 days, and appeals go up on the record that was built below, which is why the evidence you gather early matters so much.
If someone other than your employer may be at fault, the picture changes. Most negligence claims in Mississippi must be filed within three years of when the claim arose, though claims against a county or government agency carry a one-year limit and require formal notice under the Mississippi Tort Claims Act. Those shorter windows catch people off guard, so do not assume you have three years until you know who the defendant is.
Preserve what you can. Photograph the scene, your injuries, and any equipment involved. Get names and contact information for witnesses. Keep a file of medical bills, pay stubs, and anything the insurer sends you. File a police report after a crash, and avoid giving a recorded statement to any insurance company until you have talked with a lawyer. Do not post about the accident or your recovery on social media, because adjusters read it. And do not return to work before your doctor clears you simply because the carrier is pressing you to; that is a common way benefits get cut off.
If a case goes to court, personal injury suits in the Jackson area are filed in Hinds County Circuit Court, and federal cases within the Southern District of Mississippi are heard in Jackson, Gulfport, Hattiesburg, or Natchez depending on the county. Where a claim belongs depends on where the defendant is located and where the injury occurred, which is one more reason to talk to us before deciding anything.
How Workers’ Comp and Personal Injury Claims Fit Together
Workers’ compensation is a no-fault system. You do not have to prove your employer did anything wrong, and in exchange the benefits are limited to medical treatment and wage replacement. Wage-loss benefits are generally two-thirds of your average weekly wage, up to a weekly maximum set by the state, and total and temporary disability benefits cannot run past 450 weeks. There is no payment for pain, suffering, or loss of enjoyment of life.
A personal injury claim against a third party works differently. You must prove that party was negligent, but the damages can include the full range of economic and non-economic losses. Mississippi follows pure comparative negligence, which means your recovery is reduced by your share of fault rather than eliminated. If a jury finds you ten percent responsible, you recover ninety percent. That is more forgiving than some neighboring approaches, and it means an injured person should not walk away from a claim just because they think they may have contributed to the accident.
The two claims interact. The comp carrier may have a right to be repaid from your third-party recovery for benefits it paid, and a settlement in one case can affect the other if it is handled carelessly. Signing a release with a liability insurer before the comp issues are sorted out can cost you benefits. Coordinating both claims through one firm is how we keep that from happening.
Mississippi Injury Questions We Hear Most
How much does it cost to hire a Mississippi personal injury lawyer?
Nothing up front. Consultations are free, we advance the costs of the case, and we are paid only if we recover benefits or a settlement for you. In workers’ compensation matters, attorney fees are limited and approved under state law.
What is the deadline to file a personal injury lawsuit in Mississippi?
Most negligence claims with no other specific limit must be filed within three years after the cause of action accrued. Claims against a county or governmental agency have a one-year limit and require notice under the Mississippi Tort Claims Act. Medical malpractice is two years, and libel and slander are one year.
Can I file both a workers’ comp claim and a personal injury claim?
Yes, when someone other than your employer helped cause the injury. Comp pays regardless of fault, and the third-party claim seeks the additional damages comp does not cover. The two need to be coordinated so one does not undercut the other.
What if I was partly at fault for the accident?
Mississippi uses pure comparative negligence. Your compensation is reduced by your percentage of fault, but you are not barred from recovering. Insurers often overstate how much blame belongs to the injured person, so the fault allocation is frequently a point worth fighting over.
How long do I have to report a work injury in Mississippi?
You must give your employer notice within 30 days of the accident. Report it right away rather than testing that limit, and put it in writing when possible.
Is there a cap on what I can recover in Mississippi?
Mississippi limits non-economic damages in certain cases, including most wrongful death claims and medical malpractice claims. The caps do not apply to economic damages such as medical bills and lost income. Whether a cap applies depends on the type of claim.
Will my health insurance cover treatment while my claim is pending?
Often it can, but health plans may seek reimbursement from a settlement. If your injury is work-related, the comp carrier is supposed to pay for authorized treatment, and using health insurance in the meantime can create repayment issues. Talk to us before you decide how to pay for care.
The insurance company says my injury was pre-existing. Is my claim over?
No. If your job or the accident caused, worsened, or accelerated the condition, you may still be entitled to benefits. This argument comes up constantly with back and joint injuries, and answering it with strong medical evidence is a core part of what we do.
Can I be fired for filing a claim?
Mississippi protects workers from being fired in retaliation for filing a workers’ compensation claim. If you were let go or punished after reporting an injury, tell us during your consultation so we can review your options.
What if my injury developed gradually or I did not realize how serious it was?
For latent injuries and diseases, Mississippi’s discovery rule can delay when the clock starts, running from when you knew or reasonably should have known about the injury. That is a narrow protection, so do not rely on it when you have a choice. Get evaluated and talk to a lawyer as soon as symptoms appear.
What happens if the at-fault party was a government employee or agency?
These claims have a one-year limit and special notice requirements under the Mississippi Tort Claims Act. Missing the notice step can end a claim before it starts, which is why we recommend calling right after an incident involving a public vehicle, building, or road.
Do you handle cases outside Jackson?
Yes. We represent injured people statewide, from the Gulf Coast to north Mississippi and the Delta.
Serving Injured Clients Across Mississippi
From Jackson in Hinds County and the surrounding communities of Clinton, Byram, Terry, Raymond, and Bolton, our team represents injured people across the capital region. We also serve clients in Madison County, including Madison and Ridgeland, and in neighboring Rankin County communities such as Brandon, Pearl, and Flowood. Heading south, we help people in Hattiesburg and the Pine Belt, along the Gulf Coast communities of Gulfport, Biloxi, Ocean Springs, and Pascagoula, and in Natchez and the southwest corner of the state.
To the north, we represent clients in Southaven, Olive Branch, and DeSoto County, as well as Oxford, Tupelo, and the communities of north Mississippi. We also serve the Delta, including Greenville, Greenwood, Clarksdale, and Cleveland, and east-central Mississippi around Meridian and Starkville. Whether the injury happened on a job site, a highway, or someone else’s property, we take Mississippi injury claims wherever they arise, and we also represent workers and accident victims in South Louisiana.
Talk With a Mississippi Personal Injury Attorney Today
You do not have to sort out comp benefits, insurance adjusters, and a possible third-party claim by yourself while you are trying to recover. If you are looking for a Mississippi personal injury attorney who understands how workers’ compensation and injury claims fit together, call us for a free consultation. Our phones are answered 24 hours a day, and you pay no fee unless we recover benefits for you. We help injured people, and that is the work we do.
