When a person is injured as a result of another party’s negligence, carelessness, reckless behavior or intentional behavior, then the injured person can sue the responsible party under Mississippi personal injury laws. The party being sued, known as the defendant, may be a person, business or government agency. A Clarksdale personal injury lawyer can examine the facts in your specific situation to help determine whether you have grounds, or cause, for a personal injury lawsuit.
Winning a Mississippi Personal Injury Lawsuit
For your personal injury case to be successful, your Mississippi personal injury lawyer must prove three things:
- The defendant owed you a “duty of care,” or had a legal obligation to try to avoid harming you
- The defendant violated that duty of care you and you were injured as a result
- Your accident caused you financial losses, also known as damages
Damages in Mississippi Personal Injury Cases
If your lawsuit is successful, you’ll be entitled to damages, or financial compensation for your accident-related expenses. Damages are typically separated into three categories: Economic damages, non-economic damages and punitive damages.
Economic damages compensate victims for their out-of-pocket accident-related expenses. This would include medical bills, lost wages because you’re unable to work, and the cost of repairing or replacing any property that was damaged or destroyed in the accident.
Non-economic damages compensate victims for things intangible things such as pain and suffering. While some states cap non-economic damages, Mississippi law places no cap on non-economic damages.
Punitive damages are meant to punish defendants for their wrongdoing. Under Mississippi personal injury law, punitive damages are only awarded to victims if the defendant acted with actual malice or with gross negligence and showed a “willful, wanton or reckless disregard for the safety of others.”
Pure Comparative Negligence
Mississippi court follows what is known as a “pure comparative negligence” rule when awarding damages in a personal injury lawsuit. In essence: The damages a victim receives is reduced based on the victim’s share of fault in the accident. Imagine, for example, you’re suing a grocery store for $100,000 in damages because you had a slip and fall accident on a wet floor where no warning signs were posted. If you were paying careful attention, tried to avoid the wet spot and still hurt yourself because the store was poorly lit, the court might determine that the grocery store bears 100 percent of the blame for the accident. In that case, you’d receive $100,000 in damages. If, however, you were texting on your cell phone when you slipped and fell, the court might decide you bear 45 percent of the blame and the store bears 55 percent of the blame. The grocery store would only have to pay you 55 percent of the damages you incurred, or $55,000.
