Biloxi, MS – There are a number of different rules that will come into play if an accident victim wants to file a civil case against the person or business at fault for their injuries. These rules can change drastically depending on the state where the incident happened and the case will be brought. Anyone who is considering pursuing legal action after a motor vehicle crash should speak with a lawyer about the local laws related to negligence and related topics such as insurance claims. Mississippi has negligence laws which will allow the victim to bring their case, even if they were partially at fault.
Car accidents and negligence
When a victim brings a civil lawsuit in any state in the U.S., the specific negligence laws that are active in the jurisdiction will play a large role in the case. These laws may determine whether the victim can collect any money at all, or whether the award they get from a civil case will be reduced based on their level of negligence.
Negligence is the legal term for a common type of action where the plaintiff says that the defendant caused their injuries. There are four basic elements to a negligence case. The plaintiff must prove that there was a duty to exercise reasonable care, the defendant breached that duty, the breach of the duty was the actual and proximate cause of their injuries, and they suffered damages or losses.
Mississippi’s rules about dividing fault in negligence cases
Mississippi’s negligence laws are defined in the state statutes, also known as the Mississippi Code. The state uses a form of the pure comparative negligence doctrine. This means that there is no level of fault that will prevent an accident victim from bringing a lawsuit, and the fault will be divided between everyone involved to equal one hundred percent. The plaintiff’s level of fault will be used to reduce their damages relative to their level of fault.
For example, a plaintiff who is twenty percent at fault for the collision according to the jury verdict will have twenty percent of their damages subtracted from their total award. This can make it easier for accident victims to collect damages, as long as they can prove some level of fault by the defendant.
Aside from the economic damages related to medical costs, property repairs, lost wages, and other tangible costs, victims in the state can collect amounts related to emotional pain and suffering. These non-economic damages are capped at $1 million in Mississippi.
Learning more about accident cases and negligence laws
USAttorneys.com is a place where accident victims can go to find legal help. The site contains listings of lawyers based on practice area and divided by state so that potential clients in Biloxi and other parts of the country can get the assistance that they need.