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Reeves & Mestayer | Personal Injury Attorneys in Biloxi

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We have recovered over
$1 Billion
in compensation for our clients

Aggressive
We are persistent, proactive, and ready to fight for our clients' interests

Ethical
While we are aggressive, we always play by the rules and honesty is the foundation of what we do

Experience
We have extensive courtroom and trial experience putting our clients in the best position for success

Reeves & Mestayer is rated
Highest in Legal Abilities & Ethics
by Martindale-Hubbell

Reeves & Mestayer is listed as
One of the Preeminent Law Firms
in America

Reeves & Mestayer has obtained
Record Verdicts & Settlements
for their clients

BP oil spill class action recovery of
$70 Million
We handled thousands of BP claims throughout the Gulf South and was named by the Court to serve on the Economic and Property Damages Committee in the Multi-District Litigation

Defective product recovery of
$55 Million
After being injured or killed by defective tires, we fought to get 75 passengers and drivers the settlement they deserved

Car accident settlement of
$12 Million
After 5 people were killed in a multi-vehicle collision, their families turned to Reeves & Mestayer for help. We fought to get them the settlement they deserved

State of Mississippi tobacco litigation
$13 Million
Reeves & Mestayer law firm gained this verdict for the State of Mississippi to correct wrongful calculations related to the Mississippi tobacco settlement

Defective Product Settlement of
$1 Billion
We fought for 14,000 plaintiffs and 1,000 defendants hurt by Chinese-manufactured drywall products

January 11, 2021 By Jim Reeves

Can I File a Workers’ Comp and Personal Injury Claim at the Same Time?

After a workplace injury, you are bound to have a lot of questions. Who’s going to pay for your medical bills? What will you do about missing work? Can you sue your coworker if they caused your injuries?

You may even be considering filing for workers’ compensation at the same time as pursuing a personal injury claim. Learn more about your options now, and for more personalized advice regarding your claim, call Reeves & Mestayer at 228-374-5151.

Know Who You Can Sue

Mississippi, like most other states, has a comprehensive workers’ compensation system that benefits employees and employers alike. Employees can get compensation for injuries that happen at work without having to prove that their employer acted negligently. Employers can fairly compensate employees without having to worry about the expense and stress of personal injury claims.

However, this also takes away your right to sue your employer after an accident. Even if you have conclusive proof that your employer or coworker acted negligently, all you can claim is workers’ compensation.

This does not mean that you can never file a personal injury claim. However, this option is restricted to specific situations and circumstances.

When You Can Pursue a Personal Injury Claim

You may be able to file a personal injury claim against someone if a third party was involved in your accident. This includes anyone who is not employed by your employer. For example, you’re a store manager traveling between your two locations while on the clock. A negligent driver strikes you and totals your car.

In this case, you would be able to seek damages from the driver of the other car. You may also be able to seek compensation from another party if, for example, an angry customer at work assaulted you. Since they were not employed by your company, you can file a claim against them.

How It Works If You Pursue Workers’ Comp and a Personal Injury Claim

It is important to work with a personal injury attorney if you decide to seek damages from a liable third party. There can be a lot of overlap in terms of what personal injury claims pay and what workers’ compensation pays. Without an attorney, you risk double dipping and getting into serious legal trouble.

Basically, you cannot be compensated for the same thing twice. If workers’ compensation pays 75% of your wages for the time you are off of work, you cannot also collect money for your lost wages from your personal injury claim. How this often works is that workers’ compensation pays out the quickest, since it does not involve proving fault or liability. This allows you to get some money coming in and keep your financial situation stable.

When your personal injury claim is resolved, either through settlement negotiations or through a court hearing, workers’ compensation is then repaid for the medical bills and lost wages they paid you.

Discuss Your Options with an Attorney

If you are thinking about pursuing a personal injury claim after a workplace accident, it is essential to meet with your attorney first and make a plan. They will be able to tell you whether or not your personal injury claim is strong enough to succeed. If it is, they can help you gather the necessary evidence and build a case on your behalf. Without an attorney, you could end up with no settlement offer from the other side’s insurance company or you could end up with an insultingly low settlement that doesn’t cover your expenses.

Reach Out to Reeves & Mestayer Today

When you choose Reeves & Mestayer for your workplace injury claim, you can feel confident that your claim is in good hands. Our aggressive approach to personal injury claims has helped many clients recover the compensation they truly deserve. The earlier you reach out to us and set up a consultation, the sooner we can explore your options and help you get started. To take the first step and set up a consultation, call us at 228-374-5151 or contact us online. We look forward to serving you.

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Filed Under: Personal Injury Tagged With: Personal Injury, workers compensation

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Verdicts & Settlements

$156M
Settlement in a class action lawsuit filed on behalf of pensioners of the Singing River Pension Plan.
$55M
On behalf of 75 passengers and drivers injured or killed in tire defect/rollover cases
$22M
On behalf of seven investors defrauded of their life savings
$12M
On behalf of five people killed in a multi-vehicle collision
$10M
On behalf of children and teachers poisoned by defective spray roofing
$5.5M
Verdict on behalf of a woman who was abducted and raped in a K-Mart parking lot because the store provided no security
$6M
Settlement on behalf of an orthopedic surgeon killed during a scuba diving excursion. Believed to be a record settlement for a dive accident in the Bahamas.
$1M
Verdict on behalf of a women who did not receive timely treatment and died as a result of her injuries.

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Reeves & Mestayer

Reeves & Mestayer, PLLC
160 Main St
Biloxi, MS 39530

Toll free: 1-855-558-2977
Phone: 228-374-5151
Fax: 228-374-6630

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