Victims who suffer injuries in accidents resulting, wholly or partially, from another person’s negligence or reckless conduct may be able to recover financial compensation. Serious accidents often result in injuries that substantially change a person’s well-being and way of life.
The economic stresses caused by mounting medical expenses and an inability to work exacerbate an already difficult situation and can delay a person’s physical and mental recovery.
If you suffered injuries in an accident, you may be curious about the damages in personal injury cases victims can recover.
Read on to learn more about the types of personal damages available in these cases and the common causes of these lawsuits.
What Types of Personal Injury Damages Can I Recover?
In Mississippi personal injury cases, victims may recover compensatory damages in the form of special and general damages. Special damages are direct financial losses resulting from the accident and include the following:
- Medical expenses,
- Lost wages,
- Loss of future earnings, and
- Property damage.
Your attorney calculates the value of your special damages demand using documentary evidence such as receipts, invoices, pay stubs, and medical bills.
General damages represent intangible losses and hardship related to your injuries. Common examples include:
- Pain and suffering,
- Emotional distress,
- Loss of consortium,
- Loss of enjoyment of life,
- Permanent injury or disability, and
- Disfigurement.
Due to their subjective nature, it’s challenging to value, prove, and successfully recover these losses without the help of an experienced attorney.
In certain circumstances, punitive damages may also be recoverable in personal injury cases. Punitive damages, contrasted with compensatory damages, do not seek to compensate the victim but aim to punish the wrongdoer.
Mississippi law caps punitive damages based on a defendant’s net worth. For defendants worth less than $50 million, punitive damage awards cannot exceed 3% of that defendant’s net worth.
How Is Fault Determined?
Prevailing in a personal injury case typically requires establishing the four elements of a negligence claim.
- Duty. You must prove that the defendant owed you a duty of care. For example, in car accident cases, all drivers owe other drivers a duty of care to operate their cars responsibly.
- Breach. The duty of care established must have been breached by the defendant’s actions. A breach occurs if, for instance, a driver exceeded the speed limit or drove under the influence of alcohol and caused the accident.
- Causation. The defendant’s breach must have caused your injuries. For example, if a driver under the influence collided with you and caused property damage and injuries causation.
- Damages. You must show you suffered monetary losses due to the defendant’s conduct.
While straightforward, failing to prove these required elements could spell disaster for your ability to recover compensation.
One additional consideration is comparative negligence. Mississippi is a pure comparative negligence state, meaning a victim can recover compensation from the at-fault party even if they shared some blame for their accident.
The percentage of fault is determined in court or may be negotiated in settlement discussions by an attorney. Any compensation awarded through settlement or judgment at trial is reduced by the percentage of fault the victim holds for causing the accident. An attorney anticipates any potential arguments the defendant may raise to shift liability away from them and reduce your payout.
Get the best possible outcome for your case by hiring a qualified attorney to pursue your personal injury damages.
Common Causes of Personal Injury Lawsuits
While a personal injury lawsuit may arise from many different scenarios, experienced Mississippi personal injury attorneys see some causes repeatedly. The most common causes of personal injury lawsuits include:
- Car accidents,
- Pedestrian accidents,
- Motorcycle and bicycle accidents,
- Commercial truck accidents,
- Slip and fall,
- Construction site accidents,
- Dog bites,
- Defective products,
- Medical malpractice, and
- Wrongful death.
The circumstances or dangerous conditions leading to your accident help determine whether you have a personal injury case. Speak to an attorney and explain the details of your situation to learn more about your options for compensation.
Contact Us
At Harris Law Firm, you receive the personalized legal representation you need and deserve. Although we are a relatively small firm, we pack a big punch. Our passion for the success of our clients and love of a challenge ensures your case is in capable hands.
We take the time to get to know you personally to help you achieve your goals in a timely and effective manner. We support you in successfully navigating the complexities of the legal system so you can return to focusing on your recovery.
Throughout our 36-year history, we’ve tried and settled many personal injury cases and have obtained millions of dollars in judgments and settlements for our clients. Contact us today by phone or email to learn more about how the Harris Law Firm can help you.
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