Car accidents can be stressful and traumatic experiences. Whether traveling on rural roads like Lamey Bridge Rd or city streets such as Division St, car crashes can occur. These crashes are often caused by other drivers’ careless or reckless conduct – known legally as negligence. Victims of car accidents caused by negligent drivers can rack up enormous medical bills while recovering, which can be quite distressing. Additionally, victims may not be able to live their lives the way they want for a while following a crash, and they could potentially deal with the effects of their injuries for the rest of their days. Naturally, many car accident victims want to see justice done on their behalf after an accident.
Fortunately, plaintiffs can recover financial compensation in car accident lawsuits. There are multiple categories of damages that may be awarded. Crash victims can contact car accident lawyers for help in determining which damages may be available to them. If you were injured because of a car accident in Biloxi, get the legal help you need pursuing the compensation you deserve.
Contact our experienced Biloxi car accident lawyers by calling Howe Law at (888) 559-7940 for a free case review.
Requirements for Filing a Car Accident Lawsuit in Biloxi
When you are deciding whether your not you want to file a car accident lawsuit in Biloxi – or anywhere else in Mississippi for that matter – there are some things you need to be aware of when you prepare your claim with our car accident lawyers.
First, you have to file your claim on time. In Mississippi, under Miss. Code Ann. § 15-1-49, you will have three years from the date of a crash to file a car accident lawsuit in Biloxi. This type of law is known as a statute of limitations, and states will have different “statutory periods” for different circumstances. If you miss this deadline your claim will not be able to be heard in court, and you will miss out on getting financial compensation.
Furthermore, there are numerous other requirements plaintiffs must comply with when filing a claim. Plaintiffs must file their case in the correct court, attach necessary supporting documents, serve all named defendants, pay any required court fees, and avoid filing an incomplete claim. Failure to adhere to any of these requirements could force you to re-file your lawsuit. Accordingly, plaintiffs should file their case as early as possible to afford themselves time to file again if necessary and not run afoul of the statute of limitations.
Filing a car accident lawsuit can be a frustrating task, but our experienced Biloxi car accident lawyers can provide guidance and support when filing your case so you can focus on recovering from your injuries and getting back to living your life.
Elements of a Car Accident Lawsuit in Biloxi
There are many different types of circumstances that could lead to a car accident lawsuit. True, the legal strategies applied to a case can vary depending on the circumstances surrounding the crash, but the ultimate objective remains the same; proving that the defendant was careless and consequently got you hurt in a car crash. To prove negligence in a car accident lawsuit the following four elements must be satisfied:
The Defendant Driver Owed you a Duty of Care
The first thing that you need to establish to prove negligence is that the defendant had a duty of care which they need to uphold. In law, a “duty” is an obligation one person or party has to another. Much of the time, this term is used when referring to contractual obligations, but it can also refer to a general “duty of care” that people have to one another. Essentially, people need to act in a way that is not likely to result in other people getting hurt. The law calls this acting “reasonably.”
The Defendant Driver Did Not Adhere to That Duty of Care
Second, you must show that the defendant “breached” their duty of care. Essentially, you must show that the defendant acted unreasonably and, therefore, was negligent. As an example, drivers can be negligent by ignoring traffic laws by speeding, going through stop signs or red lights, or driving drunk. Additionally, if the jury determines that the defendant was unreasonable in another way, that can also show that the defendant breached their duty of care to others.
The Defendant Caused Your Injuries
Third, you need to show to the court that the defendant caused your injuries. More specifically, you must show that the defendant was the “proximate cause” of your injuries. This is a fancy way of saying that the defendant’s conduct is closely related to your injuries. For example, suppose a driver decides to go over the speed limit and crashes into your vehicle. Their speeding would be both the actual cause and the proximate cause of your accident. Now suppose that the same driver starts speeding because someone was tailgating them. Even though the tailgating driver “caused” the driver who hit you to speed, that is not closely related enough to be your accident in order to be considered the “proximate cause” of your injuries.
Causation is often fiercely fought over in personal injury cases based on negligence, so our attorneys will work hard to ensure that the court understands exactly how the defendant caused your injuries.
You Suffered an Injury Because of the Defendant Driver’s Breach of Duty and You Incurred Damages Because of Your Injury
Finally, you need to demonstrate that the defendant actually injured you. After all, if you are not injured, there is no reason to get compensation from the court. You can show that you were injured through medical records, photographic evidence, testimony from witnesses, or even through your actual physical condition during the trial.
There are many intricate analyses that may be applied to each of these elements when assessing a car accident case. Victims can contact our Biloxi car accident lawyers for help determining if the necessary elements of negligence have been established in their case.
Comparative Negligence in Biloxi Car Accident Lawsuits
Biloxi courts will follow the doctrine of pure comparative negligence when assigning damages in car accident lawsuits. In other words, damages will be awarded based on each party’s percentage of fault. If you were 40% at fault for a crash while a defendant was considered to be 60% responsible, then the defendant will pay for 60% of damages caused by the accident while you will account for the remaining 40% with out of pocket expenses.
Even if your percentage of fault is greater than the person you are suing, you can still recover compensation. However, defendants, their lawyers, and their insurance companies may use various strategies to shift blame for your accident. For example, an insurance company may try and twist the words you use when recounting the accident in order to make it seem like more of it was your fault than is actually true. Even innocent-sounding phrases like “my bad,” “I screwed up,” or “I could have done better” may open up a line of argument claiming that you were partially responsible for a car crash. Our experienced Biloxi car accident lawyers can fight insurance companies and opposing counsel to help establish fault on behalf of negligent defendants and protect you from being incorrectly blamed in the process.
Common Injuries Caused by Car Accidents in Biloxi
Plaintiffs in Biloxi car accident lawsuits may recover damages related to any injuries caused by negligent drivers. Some injuries may be minor, while others can take a lifetime to heal. The following are examples of common injuries caused by car crashes in Biloxi:
Head Injuries
Head injuries are some of the most severe types of injuries caused by car accidents. When crash victims suffer violent blows to the head, devastating harm can occur. In some cases, victims may endure damage to the eyes or ears, affecting their sight and hearing. Furthermore, victims can incur skull fractures, dental damage, and facial scarring because of accidents.
In more severe cases, victims may suffer traumatic brain injuries (TBIs) such as concussions. There is a wide range of symptoms associated with traumatic brain injuries. Many of these symptoms can have catastrophic effects on victims’ lives. Mild TBIs like concussions can cause memory loss, mood swings, and sensitivity to light and sound. Moreover, if you have had a concussion in the past, subsequent ones may be worse. More severe TBIs have much more serious consequences. You could end up partially or fully paralyzed, lose some cognitive ability, or even die earlier than what would otherwise be the case. Our Biloxi car accident lawyers can help victims with traumatic brain injuries recover the full range of damage available to them.
Neck Injuries
In many car accidents, a victim’s head is moved around violently. While this can certainly lead to head injuries, as discussed above, it can also cause damage to the neck. A common neck injury in car crashes is whiplash, which can lead to extreme discomfort which may be permanent. It may take a couple of days for whiplash and other similar injuries to manifest since adrenaline can hide injuries right after they happen, and muscular injuries can often take some time to fully come into play.
Back Injuries
Back injuries are another common type of injury caused by car accidents in Biloxi. Many car accident victims suffer strains and sprains to muscles in their backs. These injuries can be very painful and may cause temporary or permanent loss of mobility. Therefore, such injuries often cause victims to spend time away from work and doing recreational activities they enjoy while they are recovering.
In other cases, victims may incur spinal cord damage. Spinal cord damage can cause devastating symptoms such as full or partial paralysis. Furthermore, spinal cord injuries can be very physically painful, lead to numbness or tingling in the affected areas, or have other unpleasant side effects. Depending on the nature of the back or nerve injury, the pain may be a chronic issue for the rest of the victim’s life. Plaintiffs can be compensated for a wide range of damages associated with their spinal cord injuries.
Knee Injuries
Many car accident victims also suffer knee injuries. Knee injuries can occur when the knee joint becomes twisted during a crash or makes an impact with an object because of the crash. Knee injuries are particularly common among senior citizens and those with pre-existing injuries. When damage occurs to cartilage in the knee, victims may suffer severe pain and immobility. Our Biloxi car accident lawyer can help refer the right doctors to treat knee injuries and also ensure that those doctors keep appropriate records of your condition to be used in court.
Burns
Some car accidents cause fires and explosions, leading to burn injuries. However, there are many other potential causes of burn injuries during car crashes. Victims may suffer burns when coming into contact with hot metal, hot liquid, or hot chemicals because of an accident. In fact, you can even receive a “friction burn” from sliding along a rough surface – like the road or sidewalk – at speed. For the most severe burns, skin grafting procedures may be required.
Broken Bones
Lastly, many car accident victims also suffer broken bones. Broken bones are typically very painful. Furthermore, those with broken bones may face a long road to recovery. After more severe breaks, such as compound fractures, surgical treatment may be necessary. Our Biloxi car accident lawyers can help victims recover financial compensation for the treatment of their broken bones.
If You Were Injured Because of a Car Accident in Biloxi, Our Lawyers Can Help
If you were injured because of a car accident, seek assistance from our experienced Biloxi car accident lawyers by calling Howe Law at (888) 559-7940 for a free case review.
