Unfortunately, accidents, injuries, and even death are a part of life. Whether we want to or not, we have to deal with these matters. However, suppose an accident, injury, or death arises from the negligence or intentional actions of another person or party. In that case you deserve compensation for your losses.
The parties responsible for injuries or deaths or their insurance providers aren't likely to pay for your damages and expenses on their own. This often complicates matters while you are trying to heal from an injury or deal with your loved one's untimely death. You will need to file an insurance claim and possibly even a lawsuit to pursue the financial recovery you are entitled to receive. The best way to do this is to hire an experienced personal injury attorney who can manage your personal injury or wrongful death claim on your behalf.
What is a Personal Injury?
A personal injury refers to physical or mental injuries or property damage you sustained because of another party's negligence or intentional actions. Personal injury victims are permitted to file a personal injury lawsuit against the at-fault party seeking compensation for the financial losses of their actions. Examples of common Mississippi personal injury claims include:
- Car accidents
- Truck accidents
- Pedestrian accidents
- Bicycle or scooter accidents
- Boat or plane accidents
- Medical malpractice
- Workplace accidents
- Construction accidents
- Dog bites or animal attacks
- Slip and falls
- Premise liability accidents
- Product liability
- Wrongful death
What is Wrongful Death?
Under Mississippi law, if a person could have filed a personal injury claim for injuries if they hadn't died, the decedent's spouse, child, parent, or even the personal representative of their estate is allowed to file a wrongful death claim on their behalf. If someone you love died due to another person or party's negligence, you may have the right to file a wrongful death claim. The best way to find out is to meet with an experienced Mississippi wrongful death attorney as soon as possible.
Negligence in Personal Injury Cases
Most personal injury cases arise from negligence. Negligence is the failure to act or behave as a reasonably prudent person would under the same or similar circumstances. Negligence case can arise from a driver failure to follow the rules of the road, a property owner failure to clean up dangerous spills or warn of dangerous conditions on the property, and a product manufacturer defective design, defective manufacture, or failure remove from their defective products from the marketplace.
Personal injury or wrongful death cases based on negligence must include the following elements of negligence:
- Duty of care: The negligent party had an obligation to act in a certain way. Sometimes this obligation is evidenced by a specific statutory law law, such as traffic laws. Other times, it's based on decades of case law.
- Breach of duty: The negligent party breached the duty of care. For instance, failing to stop at a crosswalk for a pedestrian or fixing a broken deck stairway.
- Cause Injuries: The victim suffered injuries as a result of the other party's breach of duty. The key here is that there is a link between the act and the injuries.
Damages: Because of their injuries, the victim has compensable damages. Types of Personal Injury Damages
Damages are designed to compensate the injury victims and their families. . Generally, there are two types of compensatory damages; economic and non-economic.
Economic refers to all the expenses and financial losses the injury has caused. For example:
- Medical expenses
- Property damage
- Lost wages and income
- Loss of wage earning capacity
On the other hand, non-economic damages refer to losses that aren't related to money. They can include:
- Pain and suffering
- Scarring and disfigurement
- Mental anguish
- Loss of consortium
Wrongful Death Damages
Some damages are specific to wrongful death claims. These include:
- Unreimbursed medical bills and other related expenses
- Funeral and burial costs
- The loss of direct financial support to immediate family, including lost income
- The loss of benefits, including insurance coverage
- Loss of love, companionship, and support
In some cases, victims and their families may also be entitled to receive punitive damages. Punitive damages are designed to punish grossly negligent or willful conduct and prevent like conduct in the future instead. They can apply to your case, even if there is a criminal case against the person who causes the personal injury or wrongful death.
How Long Do You Have to File a Personal Injury Lawsuit?
A personal injury lawsuit must be filed within the Mississippi statute of limitations. Most personal injury and wrongful death lawsuits must be filed within three years of the date of the injury or death. However, there are specific statutes for certain cases where the time to file a case is less than three years.
Suppose you fail to file a lawsuit within the statute of limitations. In that case, you will lose your ability to use the legal system to seek compensation for your injuries. Basically, you won't receive compensation at all. Meeting with a Mississippi personal injury lawyer as soon as possible after suffering a personal injury or the death of a loved one can help ensure that you don't miss out on the compensation you deserve. While not all claims go to trial, your attorney must have time to prepare your case as if it is.
If you or your family have been involved in a matter involving either the death of a family member, or a personal injury to you, do not delay. Contact the experienced team at Smith, Phillips, Mitchell, Scott & Nowak as soon as possible.