Personal Injury Lawyers in Biloxi

Every day, avoidable accidents injure numerous Mississippians, disrupting lives and causing pain and suffering for many. When another person’s oversight, mistake, or irresponsible behavior caused or contributed to an injury-causing accident, victims have the right to pursue compensation for their financial, physical, and emotional damages.

At the Gardner Law Firm, our practice is driven by helping people get the money they deserve. Since 1978, we have proudly served the people of Biloxi, working tirelessly to help them recover maximum compensation for their injuries. Personal injury is a complex area of the law, and there are numerous factors that contribute to the success or failure of a case. Our lawyers practice almost exclusively in this area, and over the years, we have dealt with nearly every scenario that can arise with this type of case.

Common Types of Personal Injury Claims

Personal injury law covers a vast array of situations where an individual suffers harm due to the negligence or intentional actions of another party. Understanding the specific nuances of each claim type is essential for victims seeking justice and fair compensation.

Below is a detailed breakdown of the most common types of personal injury claims, specifically tailored to the legal landscape and risks found along the Mississippi Gulf Coast.

Car Accidents and Passenger Vehicle Collisions

Passenger cars are the most common vehicles on our roads, and consequently, they are involved in the highest number of traffic-related accidents. These incidents can range from low-speed “fender benders” to high-speed head-on collisions.

Common causes of car accidents include distracted driving (such as texting), driving under the influence of alcohol or drugs, speeding, and failing to yield the right of way. Even in seemingly minor accidents, victims may suffer from “hidden” injuries like whiplash or internal bruising that don’t manifest immediately. Successfully representing a car accident victim involves gathering police reports, witness statements, and medical records to prove the other driver’s liability.

Complex Trucking and Commercial Vehicle Accidents

Trucking accident cases are significantly more complex than standard passenger vehicle claims. Because commercial trucks (big rigs, 18-wheelers, and delivery vans) are so much larger and heavier than cars, the resulting injuries are often catastrophic or fatal.

The complexity arises from the multiple parties that may be held liable. This includes the truck driver, the trucking company, the manufacturer of the truck parts, or even the crew that loaded the cargo. Furthermore, trucking companies are governed by strict federal and state regulations, such as “hours of service” logs, which dictate how long a driver can be on the road without a break. Investigating these cases requires a deep dive into electronic logging devices (ELDs) and maintenance records.

Motorcycle Accidents and Rider Vulnerability

Motorcyclists enjoy the freedom of the open road, but they face disproportionate risks. Unlike occupants of a car, riders have no steel cage, airbags, or seatbelts to protect them during an impact. Even with high-quality helmets and protective gear, a collision with a motor vehicle often results in severe road rash, broken bones, or traumatic brain injuries (TBI).

A common issue in motorcycle claims is the “visibility” defense, where motorists claim they simply did not see the motorcycle. Legal representation focuses on proving that the motorcyclist had the right of way and that the driver of the larger vehicle was negligent in their duty to share the road safely.

Bicycle and Pedestrian Accidents

Bicyclists and pedestrians are known as “vulnerable road users.” When a multi-ton vehicle strikes a person on foot or on a bike, the results are almost always devastating. These accidents frequently occur at intersections, in school zones, or in areas with heavy tourist foot traffic along the coast.

In these cases, the law often emphasizes the duty of care that motorists owe to those who are not in vehicles. Common scenarios include “dooring” (where a parked driver opens their door into a cyclist’s path) or failing to stop at a marked crosswalk. Compensation in these claims often covers long-term rehabilitation, as the physical impact is usually direct and severe.

Bus and Public Transportation Accidents

Accident cases involving large buses—whether they are public transit, school buses, or private tour coaches—have a unique set of dynamics. Because buses are often owned by government entities or large corporations, there are specific “sovereign immunity” rules or shortened statutes of limitations that can apply.

Additionally, buses often lack seatbelts for passengers, meaning a single collision can result in dozens of injured parties. Determining liability involves looking at driver training, vehicle maintenance logs, and whether the bus was equipped with necessary safety technology.

Hazardous Construction Site Injuries

While the construction industry is highly regulated by OSHA (Occupational Safety and Health Administration), it remains one of the most hazardous sectors for workers and bystanders alike. Injuries on construction sites often involve falls from heights, scaffolding collapses, electrical shocks, or being struck by heavy machinery.

In many cases, a construction injury involves a “third-party claim.” While workers’ compensation may cover basic medical bills, a personal injury lawsuit can be filed against a third party—such as an equipment manufacturer or a separate contractor—whose negligence contributed to the accident. This allows victims to seek damages for pain and suffering that workers’ comp does not provide.

Offshore and Maritime Injuries on the Gulf Coast

Along Mississippi’s Gulf Coast, the maritime industry is a cornerstone of the economy, but it is also a source of frequent and severe injuries. Working on the water is inherently dangerous, and specialized laws like the Jones Act and the Longshore and Harbor Workers’ Compensation Act (LHWCA) govern these claims.

Common offshore injury claims arise from accidents on:

Barges and tugboats
Commercial fishing vessels
Oil rigs and stationary platforms
Jack-up rigs and drillships

If you are injured while working at sea or on a maritime vessel, your claim is not a standard “slip and fall.” It requires an attorney who understands “seaman” status and the specific safety requirements for offshore employers.

Shipyard and Industrial Port Accidents

The shipyards along the Gulf Coast are bustling environments filled with heavy cranes, welding equipment, and massive steel structures. Accidents in these environments often involve “crush” injuries, toxic chemical exposure, or fires and explosions.

Shipyard workers are often covered under the LHWCA, which provides different benefits than standard state workers’ compensation. If a shipyard injury was caused by a defective tool or the negligence of a separate company working on the same site, the injured worker may have a robust personal injury claim in addition to their maritime benefits.

Dangerous Premises

In stores, parking lots, restaurants, hotels, and other public buildings, property owners and managers are responsible for your well-being with regards to maintaining a safe premises. If you were injured after slipping on a wet floor, tripping on torn carpeting or uneven flooring, or another situation involving poorly maintained premises, our Mississippi personal injury lawyers can help you win compensation from responsible parties.

Damages Recoverable in Mississippi Personal Injury Claims

When someone suffers an injury that was caused (either totally or in part) by another party, they deserve to be compensated. Compensatory damages for personal injuries can be divided into two general categories:

Economic Damages: These are direct monetary losses incurred by the victim, such as property damage, medical costs, lost wages (both present and future), and funeral and burial expenses (in the case of a wrongful death).
- Medical expenses. The cost of healthcare is incredibly high, and without a personal injury settlement, you will be left covering those expenses on your own. From the very beginning of your claim, it is important to keep track of everything related to your medical costs. Keep track of medical bills, explanations of benefits, copays, mileage to your doctors’ appointments, and any other documentation of your medical expenses.
- Lost wages. Lost income is common after a personal injury, and it can become a serious issue if you are severely injured. Those with major injuries often run out of paid time off long before they have finished recuperating, leaving them without income to care for their families.
- Property damage. If any of your property was damaged or totaled during an accident, you may be able to seek compensation after a crash. This includes cars, motorcycles, jewelry, and other items.

Noneconomic Damages: These are losses that are more intangible and difficult to quantify, such as pain-and-suffering, emotional distress, diminished quality of life, disfigurement, and permanent injury. In Mississippi, there is $1 million cap on noneconomic damages.
- Pain and suffering. The pain you endure as a result of your injury can leave lasting trauma, and you deserve to be compensated for that.
- Disability refers to any loss of physical mobility or use of specific body parts.
- Disfigurement may refer to the loss of a body part, scarring, or anything that impacts the appearance of your body or its function. Disfigurement often causes substantial emotional damage and causes an individual to spend less time in public or around people.
- Mental anguish. A serious accident may leave you with PTSD, anxiety, or difficulty sleeping.

In rare cases in which the actions of the party responsible for the injuries were willful, wanton, fraudulent, or grossly negligent, punitive damages may be awarded to punish the wrongdoer and help discourage similarly egregious actions in the future. Mississippi places a cap on punitive damages using a complicated formula that is based on the defendant’s net worth.

How Long Does it Take to Settle a Personal Injury Claim?

Waiting to Reach Maximum Medical Improvement (MMI)

One of the most time-consuming parts of the personal injury claim process is waiting for your injuries to heal to the point that you reach MMI, or Maximum Medical Improvement. MMI is the state at which your condition is not expected to improve any further and a plateau in treatment has been reached. Waiting until you’ve reached MMI to settle your claim is essential; you may not understand the full value of your claim and the extent of future medical expenses, lost wages, and the like that you may suffer otherwise. Depending upon the extent of your injuries, reaching MMI may take weeks or months.

Initiating the Investigatory Process

As your injuries are healing, your lawyer will begin the investigatory process, which is the process of gathering evidence related to your case and putting together the pieces of your claim. Your attorney’s main goal is to prove that:

The accident would not have occurred but for the negligent actions of the defendant; and
The damages you’ve suffered are a direct result of that negligence and the accident.

Your attorney will also be tasked with proving the extent of damages you’ve suffered. The amount of time that the investigatory process takes varies on a case-by-case basis. When fault is clear, the process may be wrapped up in a matter of days or weeks. When fault is disputed or there are multiple parties involved, it could take months.

Negotiating Your Claim

After you have reached MMI, fault has been determined, and the value of your damages has been calculated, the next step is demanding a settlement award, reviewing a settlement offer, and either rejecting or accepting the settlement. Most first settlement offers should be rejected, as they rarely offer claimants what they deserve. As such, negotiations will likely ensue. Depending upon the value of your claim and how much you’re asking for, negotiations may be resolved in a few weeks or a few years. Claims where more money is involved typically take longer to settle.

Filing a Lawsuit

Finally, if your claim is not settled out of court through negotiations, you may file a lawsuit and decide to litigate your case. If so, you can likely expect for your case to take at least another year to resolve, as there are a number of steps and procedures along the way. For example, a lawsuit will involve a discovery process, mediation, and perhaps even a trial. As a note, you must file your suit within three years of the date that your accident occurred.

Contact the Personal Injury Attorneys at Gardner Law Firm

If you have sustained a personal injury due to another party’s negligence or reckless actions, please contact Gardner Law Firm to schedule a free initial consultation. For more than 40 years, our attorneys have helped individuals and families get the money they deserve from insurance companies and at-fault parties.

In addition to motor vehicle accident cases, we also have a proven track record helping victims who have suffered catastrophic injuries, such as severe burn injuries and traumatic brain injuries (TBI). These types of cases are be far more complicated as they involve extensive damages and insurance companies tend to push back harder and spend more resources to avoid paying the compensation victims deserve. We routinely go up against well-funded adversaries such as large insurers, and we are not intimidated by their vast resources or the common tactics they employ to try and undermine a claim. We also handle railroad accidents.

We also handle the following cases:

personal injury cases in Pascagoula.

We handle all personal injury cases on a contingency fee basis, meaning we only receive attorney fees if we recover compensation on your behalf

FAQ: Personal Injury Claims in Biloxi, Mississippi

1. What is the statute of limitations for personal injury claims in Biloxi, Mississippi?

In Mississippi, under Mississippi Code Section 15-1-49, the general statute of limitations for personal injury claims is three years from the date of the incident. This applies to car crashes, slip and falls, and product liability. Failing to file a lawsuit in court within this three-year window means you will lose your legal right to seek financial recovery permanently.

2. How does Mississippi’s “pure comparative negligence” rule affect my recovery?

Under Mississippi Code Section 11-7-15, the state follows a pure comparative negligence system, meaning you can recover compensation even if you are partially at fault. Your final recovery is reduced by your percentage of responsibility. For example, if you are awarded one hundred thousand dollars but are found thirty percent liable, your total payment is reduced to seventy thousand dollars.

3. What types of damages can I recover in a Biloxi personal injury lawsuit?

Victims of personal injuries in Biloxi can pursue economic, non-economic, and sometimes punitive damages. Under Mississippi Code Section 11-1-65, punitive damages require proving actual malice or gross negligence. Economic damages cover clear financial losses like medical bills and actual rehabilitation, while non-economic damages address subjective nonmonetary losses such as physical pain, suffering, emotional distress, and the loss of life enjoyment.

4. What should I do immediately after an accident in Biloxi to protect my claim?

First, prioritize your health and seek immediate medical attention, even if your injuries seem minor. Next, contact the local police to file an official accident report. Collect contact information from witnesses, take comprehensive photographs of the scene and your injuries, and avoid admitting fault. Finally, contact a qualified attorney before speaking with any insurance adjusters about potential settlement payout offers.

5. Can I still file a claim if I was partially at fault for the accident?

Yes, you can. Under Mississippi Code Section 11-7-15, you are never barred from recovery unless you are completely to blame for the incident. Even if you are found ninety-nine percent at fault, you can technically still pursue a lawsuit for the remaining one percent of your damages, though your actual financial recovery would be extremely minimal indeed in court.

6. How is the value of a personal injury claim determined in Biloxi?

Your claim’s value combines economic losses and non-economic damages. Under Mississippi Code Section 11-1-60, noneconomic damages are generally capped at one million dollars. Attorneys evaluate injury severity, treatment duration, and lost wages. The final recovery is heavily influenced by the strength of liability evidence and the available liability insurance limits of all parties involved in the legal matter at hand.

7. What is the time limit for filing a claim against a Biloxi government entity?

If you are injured by a government entity in Biloxi, special rules apply under the Mississippi Tort Claims Act. Under Mississippi Code Section 11-46-11, actions must be commenced within one year of the incident. You must also file a written notice of your claim at least ninety days before bringing a lawsuit, which temporarily tolls the statute of limitations period.

8. Do I need to go to court to resolve my Biloxi personal injury claim?

Not necessarily. Most personal injury claims in Biloxi are resolved out of court through direct negotiations with the responsible party’s insurance company. However, if the insurance provider refuses to offer a fair settlement that covers all your damages, your attorney may recommend filing a formal lawsuit and taking your case to trial to secure the maximum compensation you legally deserve.

9. How much does it cost to hire a personal injury lawyer in Biloxi?

Most personal injury lawyers in Biloxi work on a contingency fee basis. This means you do not pay any upfront legal fees or hourly rates. Instead, your attorney’s fees are a set percentage of the settlement or court award they win for you, typically around thirty-three percent. If they do not win your case, you owe them absolutely nothing.

10. What are the common types of personal injury cases filed in Biloxi?

In Biloxi, common personal injury cases include highway motor vehicle accidents, truck collisions, and motorcycle crashes. Additionally, premises liability claims like casino slip and falls, medical malpractice, and maritime injuries are frequent. Families also file wrongful death claims under Mississippi Code Section 11-7-13. Any bodily injury caused by another party’s negligence can establish a viable legal claim here in Mississippi.

11. How does the “discovery rule” apply to Mississippi personal injury claims?

While the timeline usually begins on the accident date, the discovery rule can pause the clock. Under Mississippi Code Section 15-1-49, for latent injuries or diseases, the three-year statute of limitations does not start until the plaintiff actually discovered, or through reasonable diligence should have discovered, the specific physical injury or harm. This provides critical protection for injured victims.

12. How does insurance coverage affect my personal injury claim in Biloxi?

Insurance coverage represents the primary source for recovering personal injury damages in Biloxi. Under Mississippi Code Section 83-11-101, drivers can purchase uninsured motorist coverage. If the negligent driver’s policy is insufficient to cover all losses, your own uninsured motorist policy, health insurance, or secondary coverages can be utilized to secure your remaining financial recovery from the accident in our state.