Recoverable Damages After a Car Accident in Biloxi
Depending on the severity of the incident, a car crash can result in a wide variety of injuries and losses, some of which may have long-term or even permanent consequences. In order to help them return to some level of normalcy, Mississippi civil law allows victims of accidents caused by other people or entities to file suit against the negligent party or parties for appropriate compensation.
However, when seeking recoverable damages after a car accident in Biloxi, it is important to know exactly what may be recoverable in your particular circumstances. A qualified car accident lawyer could provide necessary information about the legal options available to you.
What Damages are Recoverable?
An injured party may be able to pursue various categories of recoverable damages after a car accident in Biloxi. Depending on the circumstances, these damages may be economic, non-economic, bystander, or punitive in nature.
Economic damages are awarded as a direct result of objectively verifiable financial losses. They may include expenses for:
- Medical care and rehabilitation
- Custodial care for disabilities
- Loss of employment, as well as loss of business or employment opportunities
- Loss of current or future earnings or earning capacity
- Loss of property, or costs associated with repairing or replacing damaged property
- Substitute domestic services, if the injury is so severe that the individual cannot care for their home
- Driving to and from doctor visits and attorney visits
A successful plaintiff may collect for any other objective monetary losses that fall within the category of economic damages.
Non-economic damages are more difficult to prove and are left to the discretion of a jury. An experienced attorney can help a plaintiff in Biloxi demonstrate the scope and value of their non-economic damages to ensure maximum recovery.
The types of non-economic damages that can be recovered may include:
- Physical pain and suffering
- Mental anguish and emotional distress or anxiety
- Loss of society and companionship
In certain instances, a person could recover damages for a bystander injury if they witness an injury occur to a loved one. Specifically, they could recover any non-economic damages they can demonstrate they suffered because of witnessing a loved one get injured or killed in an accident, including damages emotional distress and mental anguish.
Under Mississippi Code §11-1-65, punitive damages are intended to punish the wrongdoer for conduct that represents reckless disregard for the safety of others. The purpose of punitive of damages is to punish the wrongdoer and set an example to deter them and other similarly situated individuals and entities from engaging in similar conduct in the future.
In a car accident case, punitive damages might come into play if the at-fault driver who caused the accident acted in reckless disregard for the safety of the public. This typically centers around behavior such as drunk driving, intentionally choosing look at a cellphone or to text while driving, and other actions of that nature.
Are There Damage Caps?
Pursuant to Miss. Code §11-1-60, the maximum amount that can be recovered for non-economic damages in a Biloxi car accident case is $1,000,000. For medical malpractice claims, the statute limits non-economic damages to only $500,000.
There is a question about whether or not this limitation is constitutional or violates the constitutional rights of the citizens of Mississippi. However, that issue has not yet been addressed by the court.
How an Attorney Could Help with Recovering Biloxi Car Crash Damages
An experienced car accident lawyer could help someone who is injured in a car accident maximize recoverable damages following their Biloxi car wreck. Based on your particular situation, the attorney could work to ensure you are able to recover for the different categories of damages available to you.
Once retained, legal counsel could identify the different categories of damages that can be recovered and assist you in gathering the appropriate documentation to demonstrate the insurance damages to an adjuster prior to trial, or to a court and jury should the case go to trial. For more information or to schedule a free initial consultation, call today.