Jackson, MS, Proving Liability When Fault is Shared After a Personal Injury

There are many different ways that a person may end up suffering a personal injury due to the negligence of someone else. Anyone who faces damages because someone else was at fault will be able to file a personal injury claim as long as they can prove the losses they suffered and the liability of the negligent individual who caused the harm. According to the Mississippi Code Ann. § 11-7-15, when anyone suffers an injury in Mississippi, the pure comparative negligence rules will be applied. This means that victims will be able to receive compensation, no matter how much at fault they were for the accident. However, this does not mean that their own actions will not have any consequences.

The victim can obtain compensation, but it will be decreased based on how much of the accident was their own fault. Aside from these rules, there are other limitations that must be followed as well, and these are better understood by contacting a personal injury attorney as soon as possible. When a person is also at fault for the accident they will need to prove the liability of the other driver more than ever, so they do not lose out on compensation.

There are several different elements involved in proving liability and that is why it is always best to involve a qualified lawyer when such cases arise. An attorney will cover the four main elements of proving negligence. They will first prove that the defendant owed a duty, and then they will establish that the duty was breached. They will then go a step further and prove that the defendant’s breach of duty caused the injury. Lastly, they will show that verifiable damage was suffered by the victim. Once enough evidence is collected to prove these elements, they will be presented to the court and the opposing party so they can get properly compensated for their losses.

Damages Available After a Personal Injury in Jackson, MS

There are three main types of damage available after a personal injury is suffered in Mississippi. Economic damage, non-economic damages, and punitive damages are all available. The amount of each that a person gets depends on the details of their case. The worse their suffering was and the more they lost due to the negligence of the other driver, the more they will be able to claim.

Individuals should make sure they contact a personal injury lawyer as soon as possible so they get help with their case, and so they are not taken advantage of by the opposing party or by any involved insurance companies.

Get in touch with a lawyer at the Heilman Law Group, PA today to get professional assistance with a personal injury claim.

Reach them at:

Heilman Law Group, PA

Jackson Office

4266 I-55 North

Suite 106

Jackson, Mississippi 39211

Phone: 601-914-1025

Fax: 601-944-2915