If you get hurt in a motor vehicle collision, covering the resulting medical bills will probably be your primary concern. Such costs can certainly add up quickly, but they might account for just a fraction of the damages you will incur.
Fortunately, you have the right to seek compensation for virtually all damages associated with your accident; however, unless you have considerable experience in personal injury claims, you may not know which costs to include when calculating a fair settlement, which could significantly reduce your final payout.
This is where the Jackson car accident attorneys at Coxwell & Associates can help.
Our legal team will evaluate the circumstances of your crash and the extent of your injuries to determine what kinds of damages to include in your claim. After gathering evidence of fault and damages, we will use proven strategies to negotiate with the opposing party for the highest possible settlement.
Types of Damages Recoverable in Mississippi Car Accident Lawsuits
There are two categories of damages that personal injury claimants in Mississippi may be able to recover: compensatory and punitive. Every successful settlement will include compensatory damages, but only a small percentage of plaintiffs are able to recover punitive damages.
Compensatory damages are those that essentially reimburse the injured party for actual expenses and losses they incur with the goal of making them whole again. In Mississippi, claimants can seek compensation for both economic and non-economic damages including:
- Property damage;
- Hospital bills;
- Future medical expenses;
- Home care;
- Lost wages and benefits;
- Loss of earning capacity;
- Legal fees;
- Pain and suffering;
- Emotional distress;
- Mental anguish;
- Loss of enjoyment of life; and
- Loss of consortium.
Unlike compensatory damages, which cover actual costs and losses the plaintiff incurred, punitive damages aim to deter the defendant from behaving recklessly in the future. In the state of Mississippi, accident victims can seek a punitive damages award if the liable party committed fraud or acted with malicious intent or gross negligence.
Car accident cases that might warrant punitive damages include hit-and-run collisions, drunk driving wrecks, and crashes preceded by criminal behavior such as fleeing from police in a high-speed chase. In an attempt to prevent frivolous lawsuits and systematic abuse of local statutes, though, there are now limits on the total amount of compensation a claimant can recover.
In 2004, Mississippi became one of the first states to cap punitive damages. Instead of imposing a specific cap in a set dollar amount, though, lawmakers devised a system that is based on the defendant’s net worth. If the defendant is worth $50,000,000 or less, for example, the plaintiff can recover up to 2 percent of his or her net worth in punitive damages.
Call to Speak with a Car Accident Lawyer in Jackson Today!
If you were hurt in a motor-vehicle collision with a reckless driver, the personal injury attorneys at Coxwell & Associates will ensure your claim accounts for all potentially recoverable damages. We have won nearly $300 million for our clients in successful settlements and verdicts. Call (601) 265-7766 or click here to schedule a free consultation with one of our strategic lawyers.
Disclaimer: This blog is intended as general information purposes only, and is not a substitute for legal advice. Anyone with a legal problem should consult a lawyer immediately.