The negligent and careless acts of one party can cause an incident where harm to another party transpires. Across each state in the nation, some laws dictate the rights that victims of negligent acts have and how they can go about obtaining financial compensation for their losses. Negligence happens when there is a failure to exercise a reasonable duty of care, and because of this, death or injuries result to others.
In Mississippi, if you were harmed by the negligence of another party, you may be able to file a claim against them for compensation. Speaking with a personal injury attorney in Jackson, Mississippi at Germany Law Firm, PLLC can help you determine if you have a case to file a claim. Attorney Bob Germany knows how to evaluate injury and wrongful death incidents to determine when it is appropriate and necessary to file a compensation claim.
Defining the Negligence Law
When negligence exists with respect to the negligence law, there must be certain elements that are true. These include:
- There is a duty of care to act in a reasonable way that anyone in the same situation would likely behave to not cause harm to others.
- That duty of care was violated and breached.
- Damages resulted from the breach of duty.
- The victim suffered demonstrable damages as a result of the breach of duty.
Mississippi follows a pure comparative negligence system. Here, all parties have the ability to recover compensation for their losses. The amount that you can obtain will be reduced by the percentage of fault you are assessed to have.
For example, if you were in a Mississippi car accident, caused by a negligent party, they may be either wholly at fault for your accident or partially. When they are wholly responsible for your accident, they will recover 0% of compensation while you can recover 100%. However, if it is determined that the party that hit you is only 70% responsible for the accident and you were 30%, then you can recover compensation minus 30%.
There are several types of damages that you may include in your personal injury claim including:
- Medical costs
- Property damages
- Missed wages
- Pain and suffering
In some instances, there could be punitive damages awarded to you if the negligence on behalf of the other party was so egregious. These damages are not awarded often, but some accident situations warrant them.
Also, there is the potential that a negligent party may also face criminal charges for their actions which can come with fines and jail time. What this means is that in certain instances, a negligent party can be held both criminally and civilly liable for the reckless disregard they have for their duty of care which, as a result, harms others.
Speak with a Personal Injury Attorney in Jackson, Mississippi Today
Attorney Bob Germany can assist you with filing a personal injury claim in Mississippi and holding the negligent party that caused your injury accident accountable for their actions. To get the most out of your claim, contact Germany Law Firm, PLLC to schedule a free consultation at (601) 487-0555.