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Have you recently suffered an injury and suspect someone else is to blame for what happened? If so, you might be wondering if you have grounds for a personal injury case. Here’s what you need to know about the basics of personal injury law and how to know if you have a valid claim.
Understanding Negligence
Personal injury is an area of the law that provides an avenue by which injured people can pursue compensation for the harm they’ve suffered from the parties to blame for their injuries. Most personal injury cases in Mississippi are based on the concept of negligence, which means a failure to act with reasonable care under the circumstances. Negligence has the following four elements:
- Duty of care – The plaintiff bringing the case must prove that the defendant owed them a duty of care, or the legal duty to act safely and reasonably. For example, in the case of a car accident, everyone who drives on public roads has a duty of care to other road users to operate their vehicles safely.
- Breach of duty of care – Next, the plaintiff must show that the defendant failed in their duty of care. Extending our example, perhaps the defendant merged lanes without checking their blind spot.
- Causation – Causation means that the violation or failure to act safely or reasonably caused the plaintiff’s injuries. By failing to check their blind spot, the defendant merged into the plaintiff’s lane when it was unsafe to do so, causing an accident.
- Damages – Finally, the plaintiff must demonstrate that the defendant’s actions resulted in injuries and measurable losses or damages. Let’s say the car accident victim suffered $200,000 in medical expenses, vehicle repairs, and lost wages, as well as pain and suffering due to the injuries themselves.
Other common legal theories behind personal injury claims are intentional action (such as assaults) and strict liability (such as in the case of defective products). The common thread is that, in all cases, the injured party was hurt and would not have been but for someone else’s behavior.
How Do You Know If You Have a Valid Personal Injury Case?
The most effective way to determine whether you have a valid personal injury case is to speak with an experienced Mississippi personal injury attorney. An attorney can take the time to review your situation, explain your legal rights, and determine whether your situation meets the criteria for pursuing a personal injury lawsuit. Personal injury law can be fact-specific and depend on the unique circumstances of the incident.
That said, here are some common scenarios that give rise to personal injury claims:
- Motor vehicle accidents
- Dog bites
- Premises liability accidents (e.g., slip-and-falls)
- Defective product incidents
- Nursing home abuse and neglect
- Medical malpractice
- Assaults and acts of violence
If someone else’s actions, or lack of action, led to your injuries, you should discuss the situation with a knowledgeable attorney who can help you pursue fair compensation. There is a common misconception that insurance will pay, taking care of your expenses post-accident. Insurance companies want to keep money, not pay it out. Before you accept a settlement from anyone, learn more about your legal rights and how much your case is worth by speaking to an experienced personal injury lawyer.
Mississippi Personal Injury Statute of Limitations
Pursuing a personal injury lawsuit means taking quick action. Accident victims do not have unlimited time to file a case seeking compensation. In most situations, Mississippi law gives accident victims three years from the accident date to file a civil case. In medical malpractice cases, the statute of limitations is two years from the date of the injury or when the injury was discovered or should have reasonably been discovered.
There can be repercussions if you fail to file a lawsuit by the legal deadline. You lose negotiating leverage with insurance companies and can lose your ability to take your case to court. Cases filed after the deadline face dismissal by the court.
Contact a Southaven & Hernando, MS Personal Injury Attorney
If you need help understanding your legal rights and whether you have a personal injury case on your hands, discuss your situation with an attorney who will listen to you. Contact a Mississippi personal injury lawyer with Chatham Gilder Howell Pittman and arrange a free consultation.
