Key Elements of a Mississippi Personal Injury Claim

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This is where your lawyers show that you wouldn’t have been hurt but for the actions (or lack of actions) of the other party.


Jackson, MS – Accidents happen, but when they are caused by someone’s negligence, that person or entity must pay the consequences. Personal injury law is a broad area dealing with all kinds of accidents – accidents, slips and falls, medical malpractice, defective products or abuse in nursing homes. If you are injured in such an accident, you should contact an experienced personal injury attorney in Jackson and see what your rights are.

However, before you can think about damages, you’ll need to prove that your injuries were the direct result of someone’s negligence.

In personal injury law there are 4 key things your lawyers will need to prove and this applies whether you are filing an insurance claim or suing the other party.

Duty of care

The first thing your Mississippi personal injury attorneys will need to establish is that the other party owed a duty of care to you.

For example, a driver with a valid license must obey traffic laws and drive carefully so as not to endanger other road users.

Another example, when you go to a doctor, he must do his best to help you. Likewise, the owner of a restaurant or other type of business premises must take active measures to ensure the safety of their customers.

Breach of duty

This part deals with the real cause of the accident. Your attorneys will need to show how the other party failed in their duty of care. A drunk driver driving at 80 mph is already two traffic violations, so that’s enough to establish that there has been a dereliction of duty. Or, if a store owner doesn’t clean the ice on the sidewalk and you slip just as you walk in, it’s a dereliction of duty.

Causality

This is where your lawyers show that you wouldn’t have been hurt but for the actions (or lack of actions) of the other party. If the driver hadn’t drunk a little too much, he wouldn’t have hit your car.

At this point, your lawyers will need to prove that your injuries were a direct result of the accident, which is why you need to see a doctor as soon as possible. In most cases, you will need to go to the emergency room because your personal doctor may not want to be involved in accidental injuries. Also, be sure to follow doctor’s orders and take your medications as prescribed, or a ruthless insurance adjuster will claim you weren’t so badly injured after all.

damage

Photo by Camilo Jimenez on Unsplash

This is the most important part for you and your family. You will need money to cover your medical expenses and put food on the table while you are away from work.

Under Mississippi law, there is no cap economic damageso your personal injury lawyers will calculate your financial losses, including future medical expenses you may have and loss of future income if you end up with a disability.

On the other hand, non-economic damage that compensate victims for their pain and suffering are capped at $1 million, except for medical malpractice cases where the limit is $500,000.

If the other party’s conduct was flagrant, for example in a DUI accident, you can also request punitive damages. As they aim to punish the defendant for his wrongful behavior, punitive damages take into account his net worth. For example, if the defendant’s net worth is less than $50 million, the maximum punitive damages that can be awarded are 2% of his net worth.

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