Most car accidents are the result of someone driving negligently. If you suffer an injury in a car accident that was the result of someone else’s negligent driving, then the other driver is liable to you for damages. It is fairly common for insurance companies to offer settlements to injured people, but the offers are often calculated to be less than a person might recover in a lawsuit.
If you were harmed in a car accident, you may wonder what your claim is worth. Of course, every claim is different, so your best bet is to speak with an experienced personal injury attorney in order to have your claim assessed, but understanding the factors that impact the amount of damages available to you can help you work through the process with some sense of what to expect.
Medical costs related to any injuries
One of the more obvious expenses resulting from a car accident is the cost of medical care. There could be bills from a visit to the emergency room, but there could also be surgeries and rehabilitation costs. In addition to costs for medical care already provided, you might also need to estimate the future medical costs that will likely arise as a result of any injuries. Some types of injuries can require physical therapy and other treatments for months or even years, and in the case of severe accidents, injuries might lead to the need for medical care, equipment or even caregivers for the rest of the injured person’s life. The damages from medical bills can, therefore, be extremely high.
Missed wages
If your injury caused you to miss work, and therefore prevented you from earning money that you otherwise would have earned, you should be compensated for those lost wages. If you will continue to miss work in the future as a result of the injury, you should estimate the impact on your future earnings and include this as well.
Pain and suffering
Non-economic costs of the accident, such as your pain and suffering and emotional distress are compensated as well. These damages are often tricky to determine. Additionally, it is important to remember that Mississippi currently has a cap on non-economic damages of one million dollars.
Punitive Damages
In some cases, when the defendant acted in an extremely wrongful way, the court will award punitive damages. These are meant to punish the defendant, and not to compensate the plaintiff.
Property damage
In addition to your bodily injuries, damage to your vehicle should be considered in your estimate of damages.
Reductions for your own negligence
In Mississippi, if your own negligence was partially to blame for the accident that you were injured in, you can still collect damages from the other driver who was also negligent. However, your damages will be reduced based on your percentage of the blame. For instance, if you were found to be 20% responsible for the accident, and the other driver was 80% responsible, you will only be able to collect 80% of the damages. This means that if you suffered $100,000 in damages, you could collect $80,000 from the other driver.
Every accident is unique, so it is important to consult with an experienced attorney in order to get the best advice on how to proceed with your claim, and what you can expect to recover as a result of the harm that you suffered as a result of the accident. Contact the seasoned Mississippi Personal Injury Lawyer at Barrett Law PLLC today at (601) 790-1505 to learn more about how he can make a difference for you.