Posts

What Are “Specials” in Mississippi Personal Injury Cases?

If you or a loved one has recently been injured in an automobile accident, you are likely dealing with many different, yet challenging issues.  These typically range from your injuries and recovery, to whether your insurance will cover your medical expenses, to your future employment prospects (depending upon the nature of your injuries), and the necessity to file a lawsuit to recover damages to which you are entitled.  If you have talked to anyone who has ever been through a similar experience, or read anything about such matters on the web, you many have run across the term “specials” in the discussion of damages to which you might be entitled.

The law firm of Barrett Law PLLC has been representing individuals injured as a result of automobile accidents for decades.  We are, therefore, very familiar with what the term “specials” means and have written this short article to help you understand the concept.

Generally speaking, there are two major types of damages awarded in an automobile accident, both of which are forms of compensatory damages.  Compensatory damages are designed to compensate someone for actual losses, as opposed to punitive damages, which are designed to deter similar future conduct by both the defendant in question and other individuals or companies in society.  The two types of compensatory damages are general damages and special damages. Despite the use of the term, special damages are not really “special”.  That is, “specials” are standard damages awarded in personal injury lawsuits, including motor vehicle accident cases.

“Specials” include three main components:  medical expenses; property damage; and loss of earnings.  Given high deductibles, co-pays, out-of-network concerns, and the like, medical costs are soaring.  Medical bills can quickly amount to tens of thousands of dollars and can easily climb in excess of $1 million.  These costs are, quite simply, insurmountable for most individuals.  Luckily, your medical expenses are one key portion of “specials” that are recoverable.  Navigating the maze of dealing with insurance companies, both yours, including your health insurance and automobile insurance, and the other driver’s insurance in such matters is difficult.  You need an experienced attorney to help guide you through the process in order to maximize the amount of your medical expenses that you recover for.  The professionals at Barrett Law PLLC have been working for individuals injured in automobile accidents for decades, and we can help you understand the ins and outs of recovering for your medical expenses.

Undoubtedly, if you were involved in an automobile accident, your vehicle was damaged.  You are also entitled to recover these damages.  As with your medical expenses, dealing with the various insurance companies in order to maximize your recovery for damage to your vehicle can be difficult.  Again, having an experienced attorney represent you through this process is important.  Having an attorney in your corner allows you to focus on your personal recovery, while your attorney focuses on your financial recovery.

Finally, you are entitled to recover for lost wages.  This includes past and future lost wages.  Figuring out the amount of future lost wages that you may be entitled to is difficult and includes considerations of age, wage increases, and number of years of future work.  To maximize your ability to recover, you should retain an experienced attorney who understands when experts are necessary for determining these damages and who knows what experts to hire.

Barrett Law PLLC has been representing the rights of individuals injured in automobile accidents for decades, and will continue to do so for decades into the future.  If you or someone you love has been injured in an automobile, please contact our firm today.   We can be reached at (800) 707-9577 to schedule an initial, no-cost consultation.

/by

Evidence of Prior Near Miss Accidents in Mississippi Personal Injury Lawsuits

Many times in a Mississippi personal injury case involving a motor vehicle accident, the most compelling potential evidence involves prior accident or near misses.  These prior near misses or actual accidents can be compelling because they can provide evidence of both the danger associated with a location of an accident and the defendant’s knowledge of this potential hazard.  Because Mississippi courts recognize the potential power of such evidence, it may only be used in limited situations where the past accident or near miss is substantially similar to the motor vehicle accident that is at issue in the pending Mississippi personal injury or wrongful death lawsuit.

A skilled and experienced personal injury attorney will typically conduct a detailed investigation to search for past accidents and then build as compelling a case as is possible for the admissibility of that past accident or near miss.  The case of Irby v. Travis, 935 So. 2d 884 (Miss. 2006) provides a primer on how Mississippi courts analyze the issue of the similarity between a past near miss and an accident that is the subject of a pending Mississippi personal injury lawsuit.

In the Irby case in Holmes County, the defendants were a railroad and its locomotive engineer who were sued for wrongful death following a train’s collision with the deceased car.  The appellate court reversed the trial court’s admission into evidence of a prior near miss accident at the railroad crossing because it was not substantially similar to the accident in the train accident victim’s wrongful death lawsuit.  The court specifically relied on the following factual distinctions:

(1)     the accidents involved trains traveling in different directions;

(2)     after the 1994 incident and before the accident in this lawsuit, there had been extensive tree-cutting;

(3)      the driver in the 1994 accident drove up on the tracks at the crossing without stopping, while the deceased in the pending case drove up to the tracks, stopped, backed up and stopped to allow a farm tractor to cross the tracks, and then drove up on the tracks;

(4)     the 1994 incident occurred in September while the incident in the pending lawsuit occurred in May; and

(5)     the 1994 incident occurred in the late afternoon while the accident at issue occurred in the late morning.

When one looks at this list of factual distinctions that influenced the court, it should be clear that courts are extremely cautious about admitting this type of evidence.  One might wonder why the accidents occurring in different months or occurring in the morning as opposed to the afternoon is relevant.  However, this shows how difficult it can be to persuade a court to admit the potential damning evidence of prior near miss accidents.

There are cases where evidence of near accidents may be admissible for the purpose of showing the dangerous character of a place and to show notice thereof to the person in control. Miss. R. Evid. 401, 402.  On the other hand, the fact of a near miss or a past collision, in and of itself, proves very little and may be quite prejudicial. Miss. R. Evid. 403.  The fact that an accident almost occurs at a particular location does not necessarily imply any fault or neglect on the part of the person in control of the premises. Therefore, the fact that there were near misses does not necessarily prove negligence.  As was the case here, a near miss does not really prove negligence, even though a subsequent serious accident occurs.

The bottom line is that courts have many rules that exclude evidence that an ordinary person would consider the most compelling evidence of fault.  Experienced Mississippi personal injury attorneys understand these evidentiary standards and the best strategies for persuading a court to consider such evidence.  Although the Irby, case involved a train collision with a car, the principle applies equally to SUV accidents, tractor-trailer collisions, bicycle accidents, motorcycle crashes and even pedestrian accidents.

If you or a close family member has been the victim of a motor vehicle accident anywhere in Mississippi, the legal team at Barrett Law PLLC have roots that extend back over 75 years assisting motor vehicle accident victims who are injured by the negligence of others.  We are committed to helping accident victims improve the quality of their lives and helping prevent future auto accidents in Mississippi so call our offices today at 662-834-2376.

/by