Mississippi Suing an Abuser for Money

You may have a right to seek justice from the abuser through the civil court system. If a person is injured by someone else, the victim can sue the abuser for “damages.” This means money for things like:

• medical bills;
• lost wages or employment;
• physical and emotional pain and suffering; and
• in some cases, to punish the abuser (“punitive damages.”)

Each state has its own laws on these subjects, but they are mostly similar when it comes to injuries from abuse.

One thing to know is that there can be a time limit for bringing a lawsuit. This is called the “statute of limitations.” You may want to ask a Mississippi lawyer about your state’s statutes of limitations. 

To file a civil lawsuit against an abuser, you will most likely need the help of a lawyer. Some lawyers will take a case like this for a “contingency fee.” This means that the lawyer doesn’t get paid unless you win in court. Then they take a percentage, usually a third, of whatever damages the judge orders. Sometimes the judge will order the abuser (defendant) to pay for your attorney’s fees.

If your damages are below a certain amount, you may be able to file on your own in small claims court. Small claims court is a less formal type of court, and many people are able to go to small claims court without the help of an attorney.

In Mississippi, small claims court is known as justice court. You may file in justice court as long as you are asking for $3,500 or less in damages.¹ If you want to sue for more, you will have to file in a different court and may need the help of a lawyer. For more information, you can visit the Justice Court Access Program website or talk to the clerk of court for help.

If you need help finding a lawyer who can take your case for a contingency fee, you can contact the National Crime Victim Bar Association. They may be able to refer you to lawyers in your state who represent crime victims in lawsuits against abusers. 

¹ Miss. Code § 9-11-9