Personal Injury Lawyer Gulfport MS
Gulfport Personal Injury Cases that Our Law Firm Handles
Car Accidents
Auto accidents can cause serious injuries, and even individuals involved in “minor” collisions will often require extensive treatment while experiencing prolonged pain and suffering. If you have been injured in an auto accident in Gulfport or Biloxi, you should seek medical attention immediately and speak with an injury lawyer as soon as possible.
Motorcycle Accidents
Motorcycle riders can experience serious injuries in high-side and low-side accidents. If you went down because a negligent driver merged into your lane, turned in front of you, or made any other mistake that left you with no place to go, we can help you seek full compensation for your medical bills and other losses.
Truck Accidents
Trucking accidents are among the most dangerous of all vehicle collisions. Rear-end collisions, overrides, underrides, and other types of commercial truck accidents can leave drivers and passengers with life-changing injuries, and they are often the result of truck driver or trucking company negligence.
Premises Liability
Premises-related accidents, including slips, trips, and falls, can happen suddenly and unexpectedly, and they can cause a variety of different types of traumatic injuries. If you slipped or tripped on someone else’s property, if you were injured on an elevator or escalator, if you fell down a dangerous set of stairs, or if you were injured in any other premises-related accident, we can seek to hold the property owner fully accountable for your injury-related losses.
Product Liability
Product liability claims are unique from other types of injury claims in that proof of negligence is not required. We represent individuals and families in product liability cases involving appliances, building materials, children’s toys, tools, machinery, vehicle components, and other dangerous and defective products.
Wrongful Death
If you have suffered the tragedy of losing a loved one in an accident, we offer our deepest sympathies. We are prepared to fight tirelessly to help you and your family achieve justice and find closure, and we will use our extensive experience in insurance settlements and litigation to seek maximum compensation for your loved one’s wrongful death.
Spinal Cord Injuries
Spinal cord injuries often cause permanent physical limitations, and even those who are able to recover from their injuries will often experience a lifetime of pain and suffering. If you have been diagnosed with any type of spinal cord injury a result of a traumatic accident, we can help you recover the compensation you will need to cope with your injury now and in the future.
Nursing Home Abuse
Nursing home abuse is a tragic reality for far too many aging residents of Gulfport and Biloxi. Nursing homes that allow abuse to occur need to take responsibility for their shortcomings. Elderly victims deserve to be fully and fairly compensated for the physical, emotional, and financial effects of their abuse.
Mississippi Personal Injury Law FAQs
Q: How can I decide if I should seek help from a personal injury law firm?
After suffering an injury in an accident, you are unlikely to know if you have a claim for compensation. Even if the cause of the accident seems clear (or, conversely, if it seems impossible to determine), a thorough investigation may reveal that unexpected factors were involved. When you schedule your free consultation, we do not expect you to know your legal rights. We are happy to speak with you if you have suffered any type of accident-related injury, and we can act quickly to determine the cause of your accident and identify the party (or parties) responsible for your injury-related losses.
Q: What types of accident-related injuries are eligible for financial compensation?
Under Mississippi law, all accident-related injuries are eligible for financial compensation. If you have been injured due to someone else’s negligence or a product defect, we can help you. Contact us today to find out how much you may be entitled to recover for your:
- Bone fracture
- Burn injury
- Eye, ear, or nose injury
- Facial injury
- Internal organ damage
- Soft tissue damage
- Spinal cord injury
- Traumatic brain injury (TBI)
- Other injury requiring medical intervention or surgery
Q: What types of compensation are available to accident victims in Mississippi?
In Mississippi, accident victims are entitled to recover full compensation for the financial and non-financial effects of their injuries. When we represent you, we will work with your doctors and our trusted medical and financial experts to ensure that we seek maximum compensation for your:
- Current and future medical bills
- Other current and future out-of-pocket expenses
- Current and future loss of income (including lost earning capacity)
- Pain and suffering
- Scarring and disfigurement
- Emotional trauma
- Loss of support and companionship
Q: What steps do I need to take in order to protect my claim for financial compensation?
This is an important question, and the best way to protect your rights is to speak with an experienced attorney as soon as possible. It will also generally be in your best interests to:
- Seek immediate medical attention (and follow your doctor’s advice);
- Avoid speaking directly with the insurance companies;
- Write down everything you remember about the accident;
- Start keeping copies of your medical bills and receipts for expenses related to your injury; and,
- Keep a daily log of your pain levels and the various ways your injuries impact your life.
Q: Will my case settle through the insurance companies, or will I need to go to court?
It depends. Although most personal injury cases settle, some cases go to trial. When it comes to securing just compensation for your injuries, you need to approach your case with a long-term perspective. While it would be nice to settle quickly for maximum compensation – and this will absolutely be our primary goal – if the insurance companies are unwilling to offer a fair settlement, you may need to be prepared to take your case to court.
Call the Personal Injury Law Firm in Gulfport for a Free Consultation.
If you would like to learn more about your rights after an accident, we encourage you to get in touch. We are here to help, and we are happy to help you make informed decisions in a pressure-free environment. To schedule a free, no-obligation consultation with one of our experienced injury lawyers, please call us or contact us online today. We are located in Gulfport, Mississippi and are dedicated to serve Biloxi, Pascagoula and all of Jackson and Harrison Counties.
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Gulfport Wrongful Death Attorneys
Knowledgeable Gulfport Wrongful Death Lawyers Ready To Serve You
If you recently lost a family member in an accident, seeking justice for your loved one’s death is an important step on the long road to recovery. No one deserves to lose their life due to someone else’s negligence, and no family deserves to face a future without the care, companionship, and support of someone they lost too soon. Our Gulfport wrongful death lawyers are here to help.
In Mississippi, seeking financial compensation after a fatal accident involves filing a claim for wrongful death. In these cases, eligible family members (or the personal representative of the victim’s estate) file a lawsuit to recover compensation for the financial and non-financial losses resulting from their loved one’s death. While wrongful death cases have many similarities to personal injury claims, they involve a number of unique aspects as well. As a result, it is important to hire an experienced legal team that is willing to fight for the compensation you and your family members deserve.
Experienced and Compassionate Gulfport Wrongful Death Attorneys
Due to the severity of the consequences involved, insurance companies, product manufacturers, and other large corporations will vigorously dispute virtually all claims for wrongful death. To overcome their aggressive tactics, you need lawyers who know the law and who are prepared to do what it takes to win the compensation your family deserves. At Smith & Holder, PLLC, our proven Gulfport wrongful death attorney takes a strategic and detail-oriented approach to every case we handle. And while many of our cases settle, we do not hesitate to fight for justice at trial when necessary.
Wrongful Death Law Firm Handling All Types of Fatal Accidents and Injuries
Car Accidents
Motorcycle Accidents
Due to the limited protection of a motorcycle, even slow-moving accidents can be fatal to motorcycle riders.
When bad drivers make poor decisions, even the safest motorcycle riders can be left helpless to protect themselves. Distracted driving, following too closely, merging without looking, and numerous other common driving mistakes can all have fatal consequences when motorcycle riders are put in harm’s way.
Truck Accidents
Semi-truck accidents claim thousands of lives across the United States each year. Jackknifes, rear-end collisions, overrides, underrides, and other types of accidents involving large commercial trucks result in death at disproportionately-high rates. And in almost all cases, the victims are occupants of passenger vehicles. If you lost a loved one in a truck accident on I-10 or any other road in southern Mississippi, we can help you assert your family’s legal rights.
We can also apply our knowledge of federal and state trucking standards to show how the trucking company’s violation of the law requires it to provide compensation to your family.
Pedestrian and Bicycle Accidents
Whether going to the beach or commuting to work, walking, jogging, and cycling are ways of life for many Gulfport and Biloxi residents. Tragically, drivers often fail to respect the risks of endangering pedestrians and bicycle riders, and fatal accidents are far too common. If your loved one was killed in a pedestrian or bicycle accident, the negligent driver deserves to be held fully accountable. Our trusted Gulfport wrongful death lawyers want to help make sure justice is served.
Falls
Falls are among the leading cause of death on many types of job sites, and unexpected falls can result in fatal injuries regardless of a person’s age or physical abilities. Slips, trips, and falls from height can easily cause spinal cord injuries, traumatic brain injuries (TBI), and other catastrophic injuries that can lead to death. In many cases, these accidents are the result of faulty construction or inadequate premises maintenance.
Dangerous and Defective Products
Fatal accidents involving dangerous and defective products occur far more often than any of us would like to believe. While manufacturers recall millions of products every year, many of these recalls come too late, and there have been several documented cases of companies knowingly putting their customers at risk for fatal injuries. If you believe that a dangerous or defective product may have caused your loved one’s death, we can help you assert your family’s legal rights.
Nursing Home Neglect and Abuse
Other Fatal Accidents
Our bodies are fragile, and the reality is that it does not take much to cause a fatal accident. Whether your loved one was killed in an accident at work or suffered a fatal injury under any other circumstances in which someone else may have been to blame, you deserve to find out if your family is entitled to financial recovery. When you engage our firm to represent you, our committed Gulfport wrongful death lawyers will conduct a thorough investigation to determine the cause of your loved one’s death, and we will help you make an informed decision about pursuing a claim for wrongful death.
Wrongful Death FAQs: Understanding Your Family’s Rights under Mississippi Law
Q: If the person who was at fault in the accident was arrested, do I still need to file a claim?
Yes. In Mississippi (as in all states), there are two separate legal systems: criminal and civil. While a person convicted of murder or manslaughter can face substantial fines and long-term imprisonment, the criminal justice system is not designed to compensate victims for losses. In order to pursue a claim for financial recovery, you will need to file a wrongful death lawsuit in civil court.
Q: What is wrongful death in Mississippi?
Mississippi law’s definition of a wrongful death includes real, wrongful, or negligent conduct or the failure to act that results in a person’s death. It also clarifies that the law allows recovery when unsafe machinery or products cause your loved one’s death.
Q: What do we have to prove in a wrongful death claim?
You must be able to show that, if your loved one had survived, the facts would have given him or her a right to file a personal injury case. In many cases, this requires you to prove that the party who caused your loved one’s death was negligent. For a negligence claim, you must show the defendant had a duty to your loved one, then breached this duty and caused your loved one’s death. The duty may be established by law, such as the duty to safely drive or to follow trucking regulations. A breach is violating this duty, like driving while distracted or impaired. The defendant’s breach must be the main cause of your loved one’s death.
Q: Which family members are eligible to file wrongful death claims in Mississippi?
Under Mississippi’s wrongful death statute, the family members who are eligible to seek financial compensation for a loved one’s death include:
- The victim’s spouse
- The victim’s children
- The victim’s parents
- The victim’s siblings
In addition, in a wrongful death case, the personal representative of the victim’s estate can seek to recover damages on behalf of the estate as well. Any damages recovered on behalf of the estate will be distributed to the victim’s beneficiaries in accordance with the terms of his or her estate plan. Or, if the victim did not leave an estate plan, to his or her heirs in accordance with Mississippi law.
Importantly, there are restrictions on how and when family members and the victim’s personal representative can seek compensation for wrongful death. As a result, it is critical for the family members and personal representatives to work together and make informed decisions about asserting their legal rights. During your free initial consultation, our Gulfport wrongful death attorneys will walk you through everything you need to know in order to protect your right to maximum compensation.
Q: What types of losses are the victim's family members and estate entitled to recover?
Under Mississippi law, the victim’s family members and estate are entitled to recover different types of damages. Broadly speaking, the types of damages available include:
- Medical expenses incurred prior to the victim’s death
- Funeral and burial expenses
- Pain and suffering
- Loss of society and companionship
- Loss of earning capacity
Once we learn more about your personal situation, we can advise you as to the specific losses you are entitled to recover.
Q: What is Mississippi's statute of limitations for wrongful death claims?
In most cases, Mississippi’s statute of limitations for wrongful death claims is three years. However, if your loved one’s death was the result of an intentional act (such as an assault), you may only have one year to file your claim for compensation. The Mississippi Tort Claims Act, which governs tort cases filed against governmental entities and their employees who are acting within the course and scope of their employment are subject to a one-year statute of limitations. In any case, you should speak with an attorney as soon as possible.
Q: How much does it cost to hire a wrongful death law firm?
At Smith & Holder, PLLC, we do not charge any out-of-pocket fees or expenses to our clients. We handle all wrongful death cases on a contingency-fee basis, which means you pay nothing unless we help you recover financial compensation.
Contact Our Gulfport Wrongful Death Lawyer about Your Family’s Rights
For more information about the steps involved in filing a wrongful death claim in Gulfport and the surrounding areas, and to find out how much you may be entitled to recover for your loved one’s untimely death, please contact us to schedule your free initial consultation. You can reach our Gulfport law offices by phone or send us your information online and our Gulfport wrongful death attorneys will be in touch as soon as possible.
Read MoreMississippi Criminal Defense Attorney
Experienced Mississippi Criminal Defense Attorney Ready To Serve You
At Smith & Holder, PLLC, we provide experienced and aggressive legal representation for individuals and businesses facing criminal charges in southern Mississippi. Licensed to practice in state and federal court, our criminal defense legal team in Gulfport are strategic advocates and vigorous litigators who pursue all available opportunities to protect our clients against conviction and sentencing. Whether your best option is to negotiate a plea deal with federal prosecutors or take your case before a jury in state court, we can help you choose the best path forward and seek the best outcome available under the circumstances at hand. Contact us today.
Put a Former Felony Prosecutor on Your Side
Whether you are facing a first-time DUI charge in Mississippi state court or you are being prosecuted for a federal white-collar offense that carries the potential for decades of imprisonment, your needs are the same. You need a law firm with relevant experience, and you need a legal team that is prepared to do what it takes to protect you from a conviction at trial. At Smith & Holder, PLLC, we will work tirelessly to defend you, and we will stay in the fight for as long as it takes to secure the justice you deserve.
Gulfport Criminal Defense Lawyers for State and Federal Charges
Driving Under the Influence (DUI)
For many people, facing a DUI is their first introduction to the Mississippi criminal justice system. If you have been charged with driving under the influence (DUI), it is important to understand what is at stake in your case. If you are convicted, you could lose your license to suspension, you could face up to $1,000 in fines, and you could be forced to spend 48 hours in jail. This is for a first offense. The penalties for repeat offenders are even greater. Having a number of DUI convictions on your record can lead to substantially increased insurance premiums, difficulty finding a job, and various other practical consequences.
Domestic Violence
Domestic violence offenses are among the most heavily-prosecuted criminal charges in Mississippi. The consequences of a conviction can be severe. Some of these consequences include fines, jail time, and is subject to a protection order that prevents you from seeing your children or spending time in your own home. Unfortunately, many domestic violence cases arise out of false allegations, and the facts are rarely as straightforward as conveyed to the police and prosecutors. Our Gulfport criminal defense lawyers can tell your side of the story, and we can make sure that you are not unfairly punished for something that didn’t happen.
Felonies
We represent clients facing felony charges at the state and federal levels. Our practice includes defending clients charged with drug crimes, property crimes, and violent crimes such as:
- Aggravated assault
- Aggravated domestic violence
- Arson
- Burglary
- Drug manufacturing, distribution, and possession
- Grand larceny
- Kidnapping
- Manslaughter
- Murder
- Rape
- Robbery
- Sexual battery
Misdemeanors
Although punished less severely than felonies, misdemeanors are still serious charges that can lead to fines, jail time, and other legal and practical consequences. We routinely represent individuals charged with misdemeanor offenses including:
- Carrying a concealed weapon
- Criminal mischief
- Disorderly conduct
- Drug possession in small quantities (e.g., 30 grams or less of marijuana)
- Petit larceny (theft of less than $500)
- Resisting arrest
- Shoplifting
- Simple assault
- Stalking
- Trespassing
White Collar Crimes
White-collar crimes are offenses that are non-violent in nature and that typically involve some form of financial motivation. These crimes are prosecuted at the state and federal levels, and they often carry severe penalties. Our highly respected Gulfport criminal defense attorney defends individuals and businesses facing all types of white-collar charges, including:
- Bank, check, and credit card fraud
- Blackmail and extortion
- Bribery
- Computer and Internet crimes
- Counterfeiting
- Embezzlement
- Forgery
- Identity theft
- Insurance fraud
- Mail and wire fraud
- Money laundering
Frequently-Asked Questions (FAQs): Defending against Criminal Charges in Mississippi
Q: Is there a statute of limitations for criminal charges in Mississippi?
Mississippi law establishes statutes of limitations for some criminal charges but not others. For crimes that are subject to a statute of limitations, in most cases, state prosecutors have two years to file charges from the date of commission of the crime. Crimes that are not subject to a statute of limitations in Mississippi include (but are not limited to):
- Aggravated assault
- Arson
- Counterfeiting
- Embezzlement
- Forgery
- Kidnapping
- Manslaughter
- Murder
- Rape
- Robbery
Q: What are some potential defenses to state and federal criminal charges?
There are numerous potential defenses to criminal charges at both the state and federal level. When we represent you, we will explore all potential defenses and develop a comprehensive case strategy focused on attacking the government’s case from as many angles as possible. Some of the types of defenses that we may be able to assert on your behalf include:
- Alibi
- Expiration of the statute of limitations
- Failure to meet the government’s burden of proof
- Justification
- Self-defense or defense of others
- Violation of your Constitutional rights (e.g., unlawful search and seizure or violation of your right to a speedy trial)
In many cases, there will be charge-specific defenses available as well. For example, let’s say you are being charged with possession of a controlled substance. However, the arresting officer was mistaken as to the substance that was in your possession. This mistake can provide a complete defense to criminal culpability. Likewise, if you are facing a DUI charge and you blew a high blood alcohol concentration (BAC) because you had recently eaten chocolate or breath mints (both of which can produce faulty breath test results), you should not be convicted of drunk driving.
Q: What is the 'burden of proof' in a criminal case?
In a criminal case, the burden of proof is the legal standard for establishing the defendant’s guilt. At the state and federal levels, the government has the burden of proving the defendant’s guilt “beyond a reasonable doubt.” If the factfinder (either the judge or jury) is not convinced beyond a reasonable doubt that you are guilty of the crime alleged, then you deserve to walk free at the end of your trial. Let a knowledgeable Gulfport criminal defense attorney at Smith & Holder, PLLC help you today.
Q: What is a grand jury?
A grand jury is the legal procedure used to determine whether the target of a criminal investigation should be indicted on felony charges. Grand juries are used at the state and federal levels. Appearing before a grand jury is very different from presenting a legal defense during a jury trial. If you have been summoned to appear before a grand jury in Mississippi, you need to begin preparing with a Gulfport criminal defense lawyer as soon as possible.
Q: What are my rights if the police arrested me illegally or performed an illegal search or seizure?
If the police arrested you illegally or performed an illegal search or seizure, we may be able to use this to defeat the charges against you. These are both violations of your Constitutional rights. As a general rule, any evidence obtained as the result of a Constitutional violation is inadmissible in criminal court. If we can successfully argue that the government’s evidence against you must be excluded from your trial, the prosecutor’s office may have no choice but to drop your charges.
Your Aggressive Mississippi Criminal Defense Attorney
- Former prosecutorial experience
- Experience defending clients in hundreds of criminal cases
- Detail-oriented legal representation focused on securing the best possible result in your case
- Direct access to your criminal lawyer
- An unwavering commitment to protecting your rights and preserving your future
Speak with our Gulfport Criminal Defense Attorneys at Smith & Holder, PLLC
To speak with one of our Gulfport criminal defense lawyers about your case, contact us today. You can contact us 24/7. If we are not available immediately, we will be in touch as soon as possible. Our law firm is located in Gulfport, Mississippi and we are honored to serve Biloxi, Pascagoula, and all of Jackson and Harrison Counties with many types of legal representation.
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