As a personal injury attorney, injured people often meet with me to ask whether they have a strong case or not. As a result, I thought it would be useful to describe what makes a strong personal injury case in Mississippi. One thing is critical to state up front—you will need to have experienced personal injury counsel help you attain any settlement. Barrett Law has the experience to help you through this process. Contact us now at (800) 707-9577. Below are the characteristics of a strong personal injury case.
What is Negligence?
Believe it or not, but accidents do happen. There is a difference between something accidentally or unavoidably occurring and negligence. You cannot recover damages based simply on an unfortunate, unavoidable occurrence, but you may be able to recover a tremendous settlement once negligence is established. But how is negligence different from an accident? Negligence means that a person did not act as a reasonable person would under the circumstances.
Take a car accident. Imagine that you are hit from behind by a person who consumed three beers before getting behind the wheel and who was watching a movie on his phone while he drove. That is clearly negligent behavior because it is far below the standard of behavior that society would expect from a reasonable person. However, if a different person hits you from behind because you stopped short, and their car was in good condition and their tires were brand new, and they were sober and attentive, you may be able to recover from their insurance carrier, but you will have a difficult time demonstrating that their behavior was negligent, as it was reasonable under the circumstances.
What is Comparative Negligence?
Conversely, were you at all at fault? If you have been drinking, were unable to avoid the injury because you were distracted, or were in some other way partially to blame, your potential financial recovery will be reduced by the degree to which you were at fault. This is the legal theory of comparative negligence, meaning that each party’s own negligence is weighed against them when fault is distributed.
Are Your Injuries Serious?
While you can recover compensation for any injury, the incredible amount of time, effort, and expense that goes into a personal injury case is really only justified by a serious or long-term injury. See a medical professional and determine both the immediate and possible long-term effects of your injury. If they are not significant, count yourself as lucky. But minor or short-lived injuries are rarely worth litigating.
Can the Person Who Injured You Compensate You?
As the old saying goes, you cannot get blood from a turnip. That means that no matter how negligent the person was who injured you and how blameless you were, you cannot recover from someone who is unable to pay. This is why I advise all clients to have uninsured motorist coverage on their car, which allows you to be compensated even if the person who injures you in a car accident does not have insurance. But if a person has no assets, little or no money, and no homeowner’s insurance, there is little point in trying to sue them.
What Should You Do If You Were Injured?
If you were injured by a third party, contact an experienced personal injury attorney so that you can focus on yourself and on healing. Let experienced counsel take care of preserving medical records, dealing with worker’s compensation, attaining expert diagnoses, and dealing with insurance companies. These are important tasks that a personal injury attorney can handle for you.
Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered an injury.
Barrett Law has the experience to take on defense attorneys and insurance companies that are focussed on denying your compensation for the injury you experienced. Contact us now at (800) 707-9577.
