Understanding the Steps to Pursue Compensation and Hold Negligent Drivers Accountable
When you’ve been injured in a car accident, the aftermath can be overwhelming. Mississippi law provides avenues for accident victims to recover compensation for injuries, medical bills, lost wages, and other damages. However, navigating the legal system can be complex. Having a clear understanding of your rights and the necessary steps can be crucial in obtaining fair compensation.
Mississippi Car Accident Laws: Fault and Liability
Mississippi operates under a “fault-based” car insurance system, meaning that the at-fault driver is responsible for compensating the injured parties. Mississippi follows a pure comparative negligence rule. This means even if you are partially at fault for the accident, you may still recover compensation. However, your total damages may be reduced by your percentage of fault. For example, if you are found to be 30% responsible for the accident and your total damages amount to $100,000, your recovery would be reduced to $70,000.
Proving liability in a Mississippi car accident claim often requires demonstrating that the other driver acted negligently. Negligence refers to a breach of duty that results in harm. This could include distracted driving, speeding, or failure to yield. An attorney will help gather evidence, such as police reports, witness statements, and expert testimony, to support your claim and establish fault.
Common Car Accident Injuries and the Impact on Compensation
The types of injuries sustained in a car accident can range from minor scrapes to life-altering conditions. Common injuries include:
- Whiplash and neck injuries
- Traumatic brain injuries (TBI)
- Spinal cord damage
- Broken bones and fractures
- Internal bleeding and organ damage
The severity of the injury often plays a significant role in determining the amount of compensation you may receive. Medical bills, ongoing treatments, surgeries, and even long-term care may be required. Mississippi law allows accident victims to seek compensation for:
- Medical expenses (past and future)
- Lost wages and loss of earning capacity
- Pain and suffering
- Property damage
Non-economic damages, such as pain and suffering or emotional distress, are often more challenging to quantify but can significantly increase the value of a claim. While Mississippi does not impose a cap on economic damages, non-economic damages in medical malpractice claims are capped at $500,000. However, in standard car accident cases, no such limits apply.
Statute of Limitations for Filing a Car Accident Lawsuit in Mississippi
Mississippi law requires that car accident injury lawsuits be filed within three years from the date of the accident. This is known as the statute of limitations. Failing to file a claim within this time frame can result in losing the right to seek compensation. It is vital to start building your case as early as possible, as evidence can fade, witnesses may become harder to locate, and insurance companies may try to minimize their liability.
What To Do Immediately After a Car Accident
The steps you take immediately following a car accident can significantly impact your ability to file a successful claim. Here’s what you should consider doing:
- Seek Medical Attention: Even if you believe your injuries are minor, it’s important to be evaluated by a healthcare professional. Some injuries may not present symptoms right away, and having medical documentation is critical for your claim.
- Document the Scene: Take photos of the accident, including damage to all vehicles involved, road conditions, and any visible injuries.
- Contact the Authorities: A police report provides an official record of the accident, which can be vital when filing a claim.
- Exchange Information: Collect the contact and insurance details of the other drivers involved in the accident.
- Consult with an Attorney: Car accident cases can be complex, and having legal guidance ensures that your rights are protected from the outset.
Kellum Law Firm, P.C., stands ready to support victims in Mississippi who have suffered due to an accident caused by another. If your accident has directly affected your physical well-being, contact Kellum Law Firm at their Jackson office at (601) 969-2709 or their Port Gibson office at (601) 590-9000 to explore your legal options.
