Gulfport Personal Injury Lawyer
While accidents may be an unavoidable part of life, some may result in severe physical injuries, financial instability, and the inability to work. If you were hurt due to someone else’s careless or reckless behavior, you may have a legal right to compensation.
Instead of navigating the legal system alone, consider working with a Gulfport personal injury lawyer. An experienced and diligent Van Cleave attorney could help guide you through each step of the legal process and work tirelessly to file a claim that adequately requests the recovery you deserve.
Defining Personal Injuries
Personal injury law encompasses many different types of cases, including common accidents such as motor vehicle accidents, bicycling collisions, trips and falls, negligence in a care facility, and medical malpractice errors. Other injury cases may cover a pedestrian accidents, an injury suffered during childbirth, or even untimely death.
Legally speaking, a personal injury usually occurs due to the negligence of someone else. If the claimant wins their civil case by proving this negligence occurred, they would be entitled to collect monetary compensation from the at-fault defendant. (Usually, the defendant has insurance that will pay any compensation recovered by the plaintiff. However, Mississippi attorneys are not allowed to tell Juries at trial that the defendant has insurance.)
Sometimes, an injured individual or their loved one may be unaware that their circumstances could constitute a valid claim. Because of this, anyone harmed in these or other similar circumstances may benefit from a free consultation with a seasoned Gulfport personal injury attorney.
Which Recoverable Damages are Available in a Gulfport Injury Claim?
Essentially, the goal of an injury claim is to obtain monetary compensation for all forms of recoverable damages. This compensation is based on the damages the plaintiff has suffered as a direct result of their injury.
Some of the most direct damages a plaintiff may request include compensation to cover medical expenses following an injury—due to things like ambulance rides, surgeries, appointments with doctors, medical equipment, and medicine—as well as lost wages from not being able to work. However, emotional anguish and physical trauma may also be calculated into a claim to cover damages such as loss of enjoyment of life, loss of consortium, and loss of companionship.
Sometimes, a claimant may be unaware of the full extent of their recoverable damages or how to calculate non-economic losses, such as mental anguish and inconvenience. A meticulous personal injury lawyer in Gulfport could help an injured claimant assess and seek recovery for each and every damage he or she has sustained.
Limitations on Recoverable Damages
Gulfport and the rest of Mississippi limits the amount of compensation an injured person may recover for non-economic damages to five hundred thousand dollars in medical malpractice cases, and one million dollars in all other personal injury cases. Miss. Code Ann. § 11-1-60 There is no limitation, however, on the amount of economic damages an injured person can recover.
How is Liability Determined in Personal Injury Cases?
Generally, liability for a personal injury case is determined based on a person’s neglect for their legal duty of care toward others. While the specifics of each case will determine how this negligence is established, a person may become legally liable if they are deemed to have disregarded their duty of care and caused an injury. In many cases, a defendant is liable to compensate an injured person for his or her injuries because the defendant violated one or more of the safety rules that is designed to protect us all from injury and harm.
In some cases, there may be multiple liable parties. If, for example, a driver runs a red light and causes another vehicle that is speeding to crash into a bicyclist, both drivers may be found liable for the cyclist’s injuries. According to Mississippi Code § 85-5-7, multiple defendants are considered to be “severally liable” for damages to a plaintiff.
Under severe liability, the jury assigns a percentage of fault to each defendant, each of whom is then liable to pay only their percentage of fault toward the overall damages owed to an injured plaintiff. A plaintiff’s recovery can also be diminished by the plaintiff’s own percentage of fault pursuant to Mississippi’s “comparative negligence” statute, Mississippi Code § 11-7-15.
Retain a Gulfport Personal Injury Attorney
After suffering trauma from a personal injury, you may be out of work and unsure of how to proceed. A skilled attorney could listen to your unique circumstances and determine if you have a valid claim. If so, they could work to build a thorough claim for compensation so that you may move past your injuries and on with your life.
If you were injured as a result of someone else’s negligence, a Gulfport personal injury lawyer may be able to help. To learn more about how a legal professional may help, contact us today. Consultations are always free.