Whether you have gotten hurt in a truck accident or a motorcycle accident, in order to recover in a personal injury action in Mississippi, you will need to show you suffered damages that were caused by the defendant. The elements of a negligence action are (1) duty, (2) breach of duty, (3) actual and proximate causation, and (4) damages. If you do not suffer damages, you cannot recover anything no matter how negligent the other person in the accident was. For example, if someone runs you off the road, but by some luck, you merely roll into a grassy area and are able to stop safely without a scratch, you cannot recover.
In Mississippi you can recover a wide range of damages in a personal injury lawsuit. These include past and future medical expenses, lost wages, property damage, loss of consortium, money for emotional distress or pain and suffering, injury to reputation or punitive damages.
There are limitations for damages in certain situations. Generally, however, you can recover for those damages that are reasonably certain. With regard to medical expenses, for example, you can recover for a future surgery and rehabilitation or physical therapy after surgery, so long as it is certain you need the surgery. You cannot recover for a surgery on the off chance you need one. You will probably need your treating physician or another medical expert to testify as to your future need for surgery.
Similarly, you can recover for lost wages that are reasonably certain and other related damages. For example, if you are a construction worker who can no longer work due to a spinal injury, you can recover for the income you will lose in the future. An economist may be necessary to testify as to exactly how much you will lose in wages based on your current income, any expected advancement, inflation, and life expectancy.
Noneconomic damages can be more subjective and how much you are awarded depends in part on your own testimony. You can recover for your pain and suffering and your spouse can recover for the loss of your services and companionship. You can also recover for diminishment of enjoyment of your life. Before a serious accident, you may enjoy many different physical activities: jogging, boating, hiking, dancing and more. After the accident, you may not be able to do any of these activities, or you may only be able to do these on a limited basis. Since you can only recover once for all your damages, your attorney will need to explore all the ways in which your life is less pleasurable after a serious accident than it was before.
In catastrophic accidents, a plaintiff may suffer disfigurement. This kind of permanent loss is compensable. If you suffer emotional anguish based on how you are looked at due to the disfigurement, this too may be an item of damages.
Many people are curious about punitive damages. These are rarely appropriate. They are awarded when the defendant was fraudulent, malicious or had reckless disregard of the likelihood of harm. They are usually only awarded in cases of corporate of very wealthy defendants.
You should be aware that a plaintiff is required to mitigate damages in Mississippi. This means you can’t assume everything will be compensated and spend freely, assuming you will get all the money back. Once the accident happens, you must avoid making your injury and your damages worse. If you are hurt due to somebody else’s negligence The knowledgeable Mississippi personal injury attorneys of Coxwell & Associates may be able to help recover the damages you deserve and need.
More Blog Posts
Disclaimer: This blog is intended as general information purposes only, and is not a substitute for legal advice. Anyone with a legal problem should consult a lawyer immediately.