Proving Liability in Personal Injury Cases
Building a personal injury case involves identifying who is legally responsible (liable) for your injury. However, determining the liable party is not enough. Mississippi law requires you to prove that their recklessness (negligence) caused your injury.
Here’s what it takes to prove liability in a personal injury claim:
- Duty of care – You must establish that the at-fault party had a duty to behave in a reasonable manner to prevent harming others.
- Breach – The evidence must show their actions violated their duty to keep you safe. For example, a driver breaches their duty of care when they run a stop sign and hit you.
- Causation – You must prove that the negligent action directly led to your injuries.
- Damages – Finally, you must show that your injuries resulted in measurable losses like medical bills, lost wages, and pain and suffering.
Sometimes, more than one party is responsible for an accident. For instance, fault for a multi-car accident usually falls on more than one driver. That’s why it’s crucial to have a hard-hitting legal team investigating your case. At Mama Justice, we’ll review all the available evidence to get a clear picture of what happened and who’s to blame.
Next, we’ll use your medical records and other evidence to show how the liable party’s actions resulted in your injuries. We’ll also review your financial records to document your economic losses, and not just immediate lost wages or medical bills. If your accident left you with a permanent disability, you can pursue compensation for lost future income, too.
At Mama Justice, we know that losses from an accident go beyond lost income and medical expenses. Mississippi law allows you to seek compensation for noneconomic damages like pain and suffering or lost enjoyment of life. Evidence to support a claim for these intangible losses can come from therapy records and testimony from family or friends.
After investigating your case, your personal injury lawyer will file an insurance claim against the at-fault party. If they won’t agree to a fair settlement, we can discuss whether you wish to file a lawsuit and take your case to court. We’re seasoned litigators and don’t back down from a fight.
Types of Compensation Available
Compensation in a Mississippi personal injury claim can include money for:
- Past, current, and future medical expenses
- Lost income
- Lost earning potential
- Cost for disability accommodations, like medical equipment or home renovations
- Pain and suffering
- Mental anguish
- Scarring and disfigurement
At Mama Justice, we will calculate an appropriate estimate for your case based on your losses and what cases similar to yours have settled for in the past.
The Insurance Company Keeps Calling. Should I Talk to Them Before a Lawyer?
Never talk to an insurance company without talking to a lawyer first. The insurer might pressure you into an unfair settlement with the promise of quick money, only for you to discover the settlement doesn’t fully compensate you.
Furthermore, you might say something to an insurer that could incriminate you in the accident. Even a simple “I’m sorry” could be considered an admission of liability. Similarly, an insurer will pounce on any inconsistencies in your account of the accident, arguing it’s proof that you’re hiding something. An experienced personal injury attorney can communicate with the insurer and prepare you for any statements you must give.
Steps in the Personal Injury Claims Process
The core steps in a Tupelo personal injury claim are:
- Investigation – Your lawyer gathers evidence and reviews the case.
- Demand – Your attorney sends a demand letter to the insurance company.
- Negotiation – Both sides try to reach a fair settlement.
- Lawsuit – If needed, your lawyer files a personal injury lawsuit in court.
- Discovery – Both sides exchange information and evidence.
- Mediation or settlement talks – There may be another chance to settle before trial.
- Trial – If there is no agreement, the case goes to court for a verdict from a judge or jury.
How Long Do You Have to File a Personal Injury Claim in Tupelo?
In Mississippi, you typically have three years after an accident to file a personal injury lawsuit. However, we recommend you talk to a lawyer right away so they can collect evidence while it’s fresh. Much shorter timeframes may apply to your case, so consult an attorney sooner rather than later.
Contact Our Tupelo, MS Personal Injury Attorneys Today
At Mama Justice, we bring over 40 years of combined legal experience and a heart for helping to every single case. Call or contact us today for a free consultation with a Tupelo personal injury lawyer.
