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When you suffer injuries due to someone else’s careless or reckless actions, Mississippi personal injury law gives you the right to pursue compensation. Those injuries don’t necessarily need to be physical in nature, either.
Physical Injuries
Physical harm forms the foundation of most personal injury claims. These injuries often bring immediate medical needs and long-term consequences. Mississippi law allows compensation for a wide range of physical injuries, including:
- Soft tissue injuries
- Broken bones and fractures
- Head and brain injuries
- Spinal cord and back injuries
- Burns, lacerations, and internal injuries
Physical injuries usually result in clear economic losses like medical bills, rehabilitation costs, prescription expenses, and future treatment. These losses all count towards recoverable damages. Severe physical injuries often increase claim value because they demand ongoing care and disrupt daily life for months or years.
Psychological and Emotional Trauma
Not every injury leaves a visible mark. In fact, the mental and emotional damage caused by serious accidents can often be the most significant. Mississippi law recognizes the real impact of psychological and emotional harm and allows victims to seek compensation for it. Common examples of this harm include:
- Anxiety or panic disorders
- Depression following serious trauma
- Post-traumatic stress disorder (PTSD)
- Sleep disturbances and emotional distress
Courts treat these injuries seriously when credible evidence supports the claim. That evidence often includes mental health evaluations, therapist testimony, personal journals, and testimony from loved ones. Psychological trauma often qualifies for “non-economic damages,” which compensate for pain, suffering, emotional distress, and loss of enjoyment of life rather than direct financial costs.
Aggravation of Pre-Existing Conditions
The at-fault party cannot necessarily avoid responsibility just because an injury existed before the accident. Mississippi law allows recovery when an accident worsens a pre-existing condition. For example, a car crash may exacerbate a prior back injury or accelerate the progression of arthritis symptoms. In these cases, the law focuses on aggravation, not the original condition.
Strong medical documentation plays a critical role in proving aggravation of pre-existing conditions. Comparing medical records before and after the accident helps show how the incident worsened the injury and required additional treatment.
How Injury Severity Impacts a Claim
The value of a claim depends largely on the severity of the injuries the at-fault party caused. More severe injuries typically lead to:
- Higher medical expenses
- Longer recovery times
- Greater disruption to work and family life
- Increased pain and emotional distress
Insurers and courts consider these factors when evaluating a claim. Catastrophic injuries, such as permanent disabilities or disfigurement, typically support larger claims because they affect nearly every aspect of daily living.
Economic vs. Non-Economic Damages
Damages in personal injury claims fall under two main categories: economic and non-economic. Economic damages cover measurable financial losses, while non-economic damages cover the personal harm caused by the at-fault party that doesn’t have a precise dollar amount.
Examples of economic damages include compensation for:
- Current and future medical expenses
- Lost wages and diminished earning capacity
- Property damage
- Out-of-pocket costs related to the injury
Examples of non-economic damages include compensation for:
- Physical pain
- Emotional suffering
- Loss of enjoyment of life
- Loss of companionship or support
Important Rules Under Mississippi Law
Our state enforces a few important rules that can shape the outcome of your case significantly. Two of the most important among them include:
Statute of Limitations
Under Mississippi law, you typically have three years from the date of injury to file a personal injury lawsuit. Missing this deadline generally means losing your right to recover compensation for your injuries.
Pure Comparative Fault
The pure comparative fault rule reduces your compensation by your percentage of fault in the accident. For example, if you recover $100,000, and the court finds you 20 percent at fault, your compensation will be reduced by 20 percent and you will ultimately recover $80,000.
Contact a North Mississippi Personal Injury Attorney Today
If you’ve suffered injuries due to someone else’s negligence, the team at Chatham Gilder Howell Pittman can help. Our attorneys will fight for the accountability and compensation you deserve while you focus on recovery. Contact us today for your free consultation.
