A slip and fall can happen anywhere – in a grocery store, on a neighbor’s driveway, in a parking lot, or at work. In seconds, your life can change dramatically. If you get injured on someone else’s property in Mississippi, you may have a legitimate claim for premises liability under Mississippi law. Taking the right steps immediately after an accident can help protect your health, preserve important evidence, and strengthen your case.

1. Seek Medical Attention Immediately

Your health is always the most important thing. Even if you don’t feel any pain, some injuries – such as traumatic brain injuries, spinal damage or internal bleeding – may not show any symptoms immediately. If you have been in an accident, it is important to visit an emergency room or urgent care clinic as soon as possible, or see your primary care doctor. Medical records from shortly after the accident are the strongest evidence in a personal injury case.

2. Report the Accident

Notify the property owner or manager immediately about the accident and request that a written report be filed. Ask for a copy of the report before leaving the scene. If the accident occurred in a public area or involved government entities, there may be additional reporting requirements under the Mississippi Tort Claims Act, which governs claims against state and local governments.

3. Document the Scene and Gather Evidence

Thorough documentation is essential to support your claim. If possible, take the following actions at the scene of the incident:

• Take photographs or video of the hazard that led to your fall, such as a wet floor, broken step, or uneven pavement.
• Capture the surrounding area to provide context for the incident.
• Obtain the names and contact information of any witnesses who may have seen what happened.
• Note the date, time, weather conditions, and precise location of the accident.

Store everything securely. Evidence can quickly disappear – surveillance footage is often overwritten within 24 to 72 hours.

4. Understand Mississippi’s Comparative Fault Rule

Mississippi follows a pure comparative negligence system under Miss. Code Ann. § 11-7-15. This means that even if you are partially responsible for an accident, such as being distracted by your phone, you may still be able to recover damages. However, the amount of compensation you receive will be reduced based on your percentage of responsibility. Insurance companies often use this rule to try to minimize payouts, so having an experienced attorney on your side is essential.

5. Do Not Give Recorded Statements Without Legal Counsel

After a slip and fall, the property owner’s insurance company may contact you and ask for a recorded statement. It is recommended that you not agree to give this statement without consulting with an attorney first. Adjusters may ask questions that could minimize or even eliminate your compensation, so it is important to be aware of this. Anything you say can and will be used against you in the event of a dispute.

6. Know Mississippi’s Statute of Limitations

Mississippi law gives injured victims three years from the date of injury to file a personal injury lawsuit (Miss. Code Ann. § 15-1-49). If you miss this deadline, you almost always lose your right to compensation. However, there may be exceptions in some cases, such as when the injury involves government entities or minors. It is important to seek legal advice as soon as possible.

7. Consult a Mississippi Slip and Fall Attorney

Premises liability cases require proof that the property owner was aware or should have been aware of a dangerous condition and did not take steps to fix it or warn others. Building this case requires legal expertise, local knowledge, and resources. A skilled attorney will investigate your claim, negotiate with insurance companies, and fight for full compensation, including medical bills, lost wages, pain and suffering, and other expenses.

How Gregory D. Keenum, PA Can Help

With nearly 49 years of experience serving clients in Mississippi, Gregory D. Keenum, PA, has built a reputation for integrity, dedication, and outstanding results since 1979. We are a law firm that values long-term relationships and is always available to answer questions. If you or a loved one has been injured in an accident, please contact us for a confidential consultation.