Personal injury is a matter of assigning liability. The person who harmed you or a member of your family is the responsible party and, therefore, incurs liability. A car accident resulting in personal injury, for example, can be compensated with a damages claim to offset actual costs of lost income and medical care. There are, generally, no caps on compensatory damages in Mississippi, although punitive damage awards are capped.
Personal injury liability applies to claims of:
Negligence – The person responsible for injuries suffered by you, or a loved one, is the negligent party. The driver of car #1 runs a traffic light and t-bones car #2 at an intersection is the negligent party, for example, and the driver of car #1 incurs liability for injuries caused in the collision.
Product liability – The manufacturer, installer, and/or seller of a defective product is responsible if you, or a loved one, are injured due to a product defect. An example is a drug manufacturer that markets a drug that later results in injury or death to patients prescribed with the drug; the drug manufacturer incurs liability for ensuring injuries or death.
Strict liability – In cases of tortious intent or negligence, liability applies — although a finding of fault may not be applied. This is referred to as “strict liability.” In other words, the plaintiff (victim) has to prove a tort of dangerous or reckless actions occurred, and that the responsible party is the defendant. Strict liability frequently applies to product liability matters. Punitive damages may be additionally in order if the plaintiff can prove the defendant knowingly committed the egregious act that led to a personal injury or wrongful death.
Wrongful death – Civil liability can be assigned to the person or persons responsible for causing a death. Wrongful death and negligence coexist in a statutory sense, extending the elements of personal injury to specify fatal injury. The driver of a car that crashes, resulting in the death of a passenger, incurs liability for the wrongful death.
If you, or a loved one, have been injured in a car accident due to someone else’s negligence, make an appointment with one of our Mississippi personal injury attorneys by calling (800) 707-9577.