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Does the other side have to pay my attorney’s fees?
Attorney Fees
You are a party to a lawsuit in Mississippi state court. You believe you will win, and you think the other side should pay your attorney’s fees. Are you correct?
Mississippi courts follow the “American rule.”
The American rule states that in most cases a party must pay his own lawyer, even if he wins the lawsuit.
The American rule, however, contains three general exceptions. The party who wins can recover attorney’s fees if:
- A contract between the parties contains a provision that the losing party will pay the other side’s fees. (Read more about this here.)
- The Mississippi legislature has passed a law that requires the losing party to pay in that type of lawsuit. (Read more about this here.)
- The losing party has acted in a manner that would justify an award of punitive damages. (Read more about this here.)
In addition, Chancery Courts often award attorney’s fees in domestic cases.
Will the court award attorney’s fees in accident cases?
Many lawsuits involve a simple claim of negligence. For example, automobile accidents and slip and falls are usually based upon a claim of negligence. For those types of claims, the prevailing party will not receive an award of attorney’s fees.
What statutes provide for an award of attorney’s fees?
As mentioned above, some federal and Mississippi statutes provide for an award of attorney’s fees to the prevailing party. The statutes are too numerous to list here. Some examples, however, include:
- Federal civil rights claims.
- Federal employment discrimination claims.
- Lawsuits on an open account.
- Claims for securities fraud under Mississippi law.
Lawsuits can be expensive. If you believe you will become a party to a lawsuit, call the Panter Law Firm to see if an award of attorney’s fees is available. 601-607-3156
The post Does the other side have to pay my attorney’s fees? appeared first on Panter Law Firm, PLLC.
