Faith and Legal Rights
The Bible tells us to be compassionate, merciful, and forgiving towards those who have wronged us. The Bible also values justice and advocates for taking personal responsibility for your actions. Personal injury law does not contradict these instructions.
Asking the person who hurt you to take accountability by making you financially whole is not vengeful or greedy. It is simply a way for you to secure the resources you need to regain your health and stability. Furthermore, exercising your legal rights with a lawsuit does not mean you do not forgive the party who caused you harm. You can forgive and seek justice.
Understanding Personal Injury Law Basics
The basic principle underlying most personal injury law is negligence.
A person or entity is negligent when they fail to act in a way most others in their situation would find reasonable or necessary. When someone’s negligence causes another party an injury, the injured person can hold them financially responsible (i.e., liable) through a personal injury claim.
Sometimes, personal injury claims involve intentional wrongdoing, such as in cases involving abuse, assault, or neglect.
What Constitutes a Personal Injury Case?
Many types of accidents and injuries may constitute a personal injury case. Additionally, several areas of law fall under the personal injury umbrella, including premises liability, product liability, workers’ compensation, medical malpractice, and wrongful death.
The following may give rise to a personal injury claim:
- Motor vehicle collisions
- Bicycle and pedestrian accidents
- Slip and fall accidents
- Dog bites
- Defective product accidents
- Dangerous drug or medical device injuries
- Medical misdiagnosis
- Medical mistakes
- Workplace accidents
When You Have a Valid Claim
You may have a valid personal injury claim if someone else’s negligent behavior or intentionally wrongful actions injured you or your loved one. You must also have suffered losses because of the injury, such as medical bills and lost wages.
Finally, you must file your lawsuit within Mississippi’s statute of limitations for personal injury. You have three years for most cases.
Our North Mississippi personal injury lawyers can help you determine if you have a valid legal claim and discuss your options. We can provide you with representation that honors your Christian beliefs and your desire to hold to God’s word.
Biblical Perspectives on Suing
Scripture does not ban lawsuits outright, though it does encourage Christians to resolve disputes through the church first. However, the Bible does acknowledge the courts as an authority (though they are, of course, subordinate to God).
The Bible also advocates for righting wrongs and protecting the innocent and the vulnerable. Many Christians view the legal system as an appropriate way to do this.
Justice and Restitution in Scripture
Some scriptures specifically address using the court system, and these can provide Christians with guidance:
- 1 Corinthians 6:1-8 – The Apostle Paul tells Christians not to go to court to resolve church matters. Using the court system to resolve issues with individuals and entities outside the church is generally considered permissible.
- Matthew 18:15-17 – On dealing with sin in the church, Matthew tells believers that if someone has wronged you, you should try to resolve the issue between the two of you. If the person will not listen, you should involve the church. If they still will not listen, “treat them as you would a pagan or a tax collector.”
- Romans 13:1-4 – In Romans, Paul reminds us that everyone is subject to governing authorities that God has established to serve the public good, such as the courts.
Addressing Common Christian Concerns
Common Christian concerns about suing reflect questions of forgiveness, materialism, and how legal action may reflect on the church:
- Are there conflicts between personal injury law and forgiveness? – Christians may wonder if suing is contrary to forgiveness. It is not. You can personally forgive someone and have grace for them in your heart while also seeking accountability. You can pray for the person who injured you and hold no ill will toward them, and also want them to take responsibility.
- Is suing greedy or vengeful? – Suing is not greedy or an act of revenge. You are not seeking compensation to get rich. You are seeking it so you have the financial means to care for yourself and your loved ones. You are only asking for repayment for costs you would not have suffered had you not been harmed.
- Does legal action make the church look bad? – You may have concerns that filing a lawsuit makes Christians look litigious or signals that you trust worldly courts more than God’s word. But a personal injury lawsuit does not make the church, or you, look bad. When handled with compassion and integrity, a legal claim can actually promote Christian ideals of fairness and justice.
Chatham Gilder Howell Pittman understands the concerns you may have as a Christian about personal injury law. Our attorneys in North Mississippi can provide you with legal guidance that reflects your commitment to God.
Practical Steps After an Injury
If you or your loved one sustained an injury that may constitute a personal injury claim, there are steps you should take to protect yourself and your legal rights.
Immediate Actions to Take
The first thing you should do after any accident is seek medical treatment.
Seeing a doctor is, of course, essential for your health. It is also vital for your personal injury case because a medical record verifies that your injury occurred. Additionally, you cannot know how much compensation you will need to pursue for your medical expenses until you understand the severity of your injuries and the scope of the treatment you will need.
You should also report your accident right away. Reporting may involve contacting the police, a property owner, a business owner, or your employer.
At the scene of the accident, if you can, document as much as possible. Get the names and contact information of others involved and eyewitnesses, take photos and video footage, and write down everything you can remember about the incident.
Communicating with Insurance Companies
Many types of personal injury cases, including those involving motor vehicle accidents, medical malpractice, and premises liability, can be resolved through an insurance claim against the at-fault party’s applicable insurance provider.
If insurance is available, you should contact the insurance company immediately about your intention to file a claim. You will need to communicate with the insurer about the accident, demand fair compensation for your losses in writing, and likely enter into negotiations for a settlement.
When to Consult an Attorney
Ideally, you should consult an attorney as soon as possible.
Our North Mississippi personal injury lawyers can protect your rights and best interests from the beginning of your case to the end. We can handle all of the legal details and ensure you do not unintentionally say or do anything when communicating with the insurance company that could harm your claim.
Common Personal Injury Scenarios Christians Face
Sometimes, personal injury cases involve suing a negligent driver, property owner, or product manufacturer who you do not know, and who is not a part of your life or your faith community. Sometimes, cases are more personal and must redress actions committed by people or institutions you know and care about.
Challenging legal scenarios Christians may face include claims involving:
Church and Ministry-Related Injuries
Accidents can happen at church and during church activities. For example, a church van could get into a car collision, or someone could slip and fall on church property.
When the church is liable for an injury, Christians may wrestle with the idea of holding it accountable. But churches have insurance. They pay premiums so that accidents are covered, and you are well within your rights to access this coverage when needed.
Workplace Injuries
You may feel loyalty to your employer and have bonds with the people you work with. These relationships may make suing for a workplace injury feel wrong, especially if you work in a Christ-centered caregiving role, such as childcare or nursing.
However, as with churches, employers have insurance. In fact, most employers in Mississippi must provide workers’ compensation, which exists to protect you from the financial impact of on-the-job injuries.
Medical Malpractice
The doctor–patient relationship is usually one built on trust, so a medical malpractice case may feel like a betrayal. But, again, doctors have insurance. And holding a negligent medical provider or medical facility responsible for errors could protect others from future harm.
The Claims Process: What to Expect
Many steps go into building a solid personal injury claim. Our North Mississippi attorney can help you navigate the process with your Christian values in mind. We can assist with:
Investigation and Case Building
Our legal team will visit the scene of your accident and collect evidence, including photographs, surveillance video, and physical debris. We will also obtain important documents, such as medical records and police reports. We can locate and speak with eyewitnesses and enlist help from case experts when needed. Additionally, we will identify and calculate your losses.
We will use information to prepare an insurance claim, which we will file on your behalf within policy deadlines.
Negotiation and Settlement
Typically, insurance companies try to pay claimants as little as possible because keeping payouts low increases their profits. Negotiations can be stressful, exhausting, and sometimes, confrontational. We could aggressively pursue your losses and keep the burden of negotiations off your shoulders.
Going to Trial
Not all personal injury claims end up going to trial. But when insurance companies refuse to offer full and fair payments, a lawsuit may be the only way to seek justice. Our law firm can file your case in civil court and represent you at trial if necessary.
Compensation: Understanding What You're Entitled To
Personal injury compensation is intended to reimburse you for losses you would not have had if your injury had not occurred. The specific damages you can seek and the amount they may be worth vary from case to case.
Types of Damages
In general, you can seek two types of damages – economic and non-economic damages.
Economic damages include your current and future medical expenses, lost wages, and lost earning capacity. In wrongful death cases, they may also include funeral and burial expenses.
Non-economic damages are more subjective and compensate you for your physical pain, mental and emotional suffering, and lost quality of life. In a wrongful death case, you may also be able to recover compensation for the loss of your loved one’s companionship and services.
Calculating Fair Compensation
Compensation for economic damages is calculated using bills, receipts, your wage records, and estimates.
Calculating fair compensation for pain and suffering is less straightforward. Insurance may use a “multiplier method,” which assigns you a number based on the severity of your injury and multiplies your lost wages by that amount. Insurers may also use a “per diem” method, which awards you a set amount, usually based on your wages, and pays it to you each day until you physically recover.
Our personal injury lawyers in North Mississippi can help you identify and calculate your damages and pursue the maximum compensation possible.
Forgiveness and Legal Action
Because personal injury damages seek only to replace what you have lost, pursuing them is not vengeful. Forgiveness and legal action can go hand in hand. You can forgive the person who injured you, and still want to recover damages so you and your family do not face economic hardships.
What if the At-Fault Party is a Fellow Christian?
You may have further hesitations if the party you must sue is also a Christian, particularly if they are part of your church community.
When Christians must seek injury compensation from other Christians, there are methods you can use before filing suit, including turning to insurance. You can also attempt to resolve matters privately through mediation or another form of alternative dispute resolution (ADR).
Why Having a Christian Attorney is Important
If you are a Christian, having a Christian attorney represent you can ensure that any action you take is taken with your faith in mind. At Chatham Gilder Howell Pittman, we respect your religion and share your values, and we can provide you with legal services that reflect that.
Our firm has fought to protect the rights of individuals and families in North Mississippi since 1932. We believe in the justice system and moral correctness. Contact us today to learn more about how our personal injury lawyers could support you throughout your case. We offer free initial consultations.
