This form is a sample separate answer filed by the defendant in a personal injury claim.
Mississippi Separate Answer - Personal Injury Accident
State:
Multi-State
Control #:
US-PI-0133
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Separate Answer - Personal Injury Accident?
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FAQ
Technically, Mississippi is an equitable distribution state. The word ?equitable? can be confusing, though. In terms of a divorce, equitable does not always mean splitting assets down the middle 50/50.
A wrongful death action may be maintained or asserted for strict liability in tort or for any cause of action known to the law for which any person, corporation, legal representative or entity would be liable for damages if death had not ensued.
No, there is no minimum guaranteed settlement amount. The facts of every case are different. Some personal injury cases do not offer any settlements but others may over multi million dollar verdicts or settlements.
Instead, adultery is most often proved by other evidence. This means that to obtain a divorce based on adultery, you must be able to show the court that your spouse had (1) an adulterous inclination (flirtatious manners) and (2) a reasonable opportunity (a private place and time) to act on that adulterous inclination.
What Is Considered Marital Property in Mississippi? Mississippi's laws broadly define marital property as any property assets accumulated by either spouse through the duration of the marriage. If both spouses used or paid for some asset or property, it is considered marital property.
What is the personal injury statute of limitations in Mississippi? Mississippi Code § 15-1-49 establishes the statute of limitations for personal injury cases at three years from the date of injury or the date when the injury was or should have reasonably been discovered.
Thus, the amount of a given personal injury award designated to account for pain, suffering, or disfigurement incurred by the injured spouse and any award for post-divorce wages and medical expenses exclusively constitute separate property of the injured spouse that is not subject to property division.
In general, however, loss of consortium is defined as the loss of comfort, care, assistance, affection, society, protection, marital intimacy or fertility.