A Mississippi car accident attorney from the Morris Bart law firm may be able to help you get the money damages you need to pay your bills, repair your vehicle, and handle other expenses after your crash. If another driver caused your injuries, Mississippi law will allow you to hold them legally liable for the harm they caused you, including your physical and emotional injuries and financial damages.
The Morris Bart law offices in Mississippi offer complimentary case reviews. Our attorneys can assess your rights and options based on what happened to you and what caused your crash. We provide these consultations so accident victims better understand the process to recover compensation and get justice based on their accident case.
Recovering Damages in a Mississippi Car Accident Claim
Most drivers who cause a Mississippi collision will never face criminal charges or any additional consequences beyond maybe a traffic ticket. This is why we say the only way for our clients to get justice is through a civil case against the at-fault motorist. Even when there are criminal charges, the penalties do little to compensate victims for the injuries, expenses, and losses they suffered.
At the Morris Bart law firm, we believe it is wrong to expect victims to pay for injuries and repairs that occurred in an accident they did not cause. You should not struggle financially because of someone else’s negligence. We seek justice for these victims, pursuing compensation based on their car accident case and Mississippi’s fault-based personal injury laws.
To recover damages for our clients, we may be able to:
- File a claim based on the at-fault driver’s auto liability insurance policy
- Sue the at-fault driver, take the case to trial, and ask the jury to award damages
Before we take either of these actions, we identify the expenses and losses our clients suffered, document them, and tabulate an appropriate value based on the facts of the case. Because this includes current, future, and intangible losses, we may need to use additional resources and call in experts to determine a fair value range for your settlement. Never accept a settlement offer until you talk to an attorney.
You do not want to settle for less than you deserve based on your damages. This could leave you paying medical bills, car repairs, and other expenses out of your own pocket. When we handle your claim, we will seek a financial recovery that provides for your:
- Pain and suffering damages
- Other intangible losses
- Medical bills, current and future
- Ongoing care costs for lasting injuries
- Lost income if you miss work
- Diminished earning ability for long-term injuries
- Vehicle repairs and other property damages
- Miscellaneous expenses and losses related to the accident
Wrongful Death Damages in Mississippi
Unfortunately, car accident injuries are sometimes fatal. According to the Mississippi Office of Highway Safety, between 2015 and 2018, there were between 650 and 700 traffic fatalities in the state each year. Others may have passed away later because of infections or other complications related to their injuries.
When a person passes away after suffering injuries in a crash, their right to file an insurance claim or lawsuit survives them. Their personal representative, immediate family member, or another heir may be able to take legal action by filing a wrongful death claim. In addition to the damages recoverable in their claim had they survived, a wrongful death claim could include:
- Funeral and burial costs or other final expenses
- Loss of income, benefits, retirement, and more
- Loss of services performed by the deceased party at home
- Loss of companionship, parental guidance, and other losses suffered by survivors
- Mental anguish of the survivors
Our attorneys can help you understand this process, who can file the claim, and what to expect as we navigate the case and seek compensation for your family.
For a free legal consultation with a Car Accident lawyer serving Mississippi, call (800) 537-8185
Work With an Attorney from Morris Bart, LTD
The attorneys from the Morris Bart law firm have more than 40 years of experience representing victims of car accidents. We know how to build claims, support them, and negotiate payouts based on them. We are also trial lawyers who can take the case to court and present strong arguments to the judge and jury when necessary. We provide our clients a long list of services, including:
- Protecting their right to compensation
- Valuing their case
- Managing the claims process while they heal
- Preventing them from having to talk to insurers and other parties
- Negotiating with the insurance companies for a fair settlement
- Ensuring they know what to expect throughout the process
- Addressing any questions or concerns
- Representing their best interests to all others involved
Our 15 locations include Gulfport, Hattiesburg, and Pascagoula. We serve all areas of Mississippi from these three locations, and if we represent you, we will meet you where you are. You will not need to travel to one of our offices for our help. We regularly sit down with clients in their homes, hospitals and rehabilitation facilities, restaurants, coffee shops, and more. We will make it work somewhere that is convenient for you.
We also keep in touch with clients over the phone, text, email, and other methods. You will not have to wonder what is going on with your case or wait for answers when you have a concern. You will know how to reach out to your attorney and others to get updates and information when necessary.
In 2019, our team recovered settlements or jury awards for more than 6,500 clients across our four-state service area. These case results include:
- $580,000 for a client who required a cervical disc replacement procedure after a Hattiesburg collision
- $490,000 for a client who suffered neck and back injuries in a Hattiesburg crash caused by a negligent truck driver
Our clients appreciate our team and the effort we put into their case, and they tell us—and their friends and family—about it. According to Augusta, who worked with our Gulfport team:
“Hi, I’m Augusta, and I’d like to acknowledge that I’m very satisfied with the services at Morris Bart because of the accident that I was in. I thought everything was very professional, and it was performed in a very professional way, and I would advise anyone that’s been in an accident to look to Morris Bart to help you out in any kind of situation or case that you get in.”
We accept car accident cases based on contingency fees because we understand that you have already experienced enough financial stress due to your crash. We do not expect you to come up with a retainer or pay hourly fees for the work we put into your case. Instead, we charge a percentage of your settlement or award. We will not charge you any attorney’s fees if we do not recover money damages in your case.
What do I Have to Prove to Get Compensation?
You must prove fault and liability to recover damages in any personal injury case in Mississippi, including car accident claims. In legal terms, you may hear this referred to as negligence. Negligence is the cause of most collisions, although our job is to determine who was negligent and what evidence is available to prove it.
There are four things we must prove to show that another driver was negligent:
- Duty of Care: The at-fault motorist had a specific duty of care, usually related to something the traffic laws mandate they must do or not do under the given circumstances.
- Breach of Duty: The accused driver breached their duty. In a car accident case, this generally involves violating a traffic law such as running a red light, failure to yield, or changing lanes without signaling and clearing the lane.
- Causation: The defendant’s breach of duty—carelessness, recklessness, or general bad behavior—caused the accident and harmed the victims.
- Harm: The victim suffered physical, emotional, and financial damages that are documented through medical records, receipts, and other documents.
The evidence in a Mississippi car accident case could include:
- The police report
- Pictures or video
- Accident reconstruction
- A survey of the crash scene
- Witness interviews
- Analysis of physical damage
- Expert testimony
- Relevant medical records
- Documentation of damages
It is not uncommon for the at-fault driver to claim that the victim caused or contributed to the crash. This is one of the most common defenses insurance companies and their attorneys use in these cases. Under Miss. Code § 11-7-15, Mississippi law allows everyone involved in a crash to move forward with insurance claims and lawsuits. However, each party can only recover damages for the portion of the crash they did not cause.
The jury will determine how to assign fault when this happens. For example, imagine the other driver was negligent by failing to stop at a red light. However, you were speeding through the intersection. You were negligent as well, even though your speed was not the primary cause of the crash. The jury assigned 20 percent of the fault to you. You can receive 80 percent of the value of your claim.
If this happens in your case, we may be able to help you mitigate the effects of these allegations on your claim. It may be possible to:
- Counter the evidence presented by the at-fault driver
- Show the other driver bears the sole responsibility in the case
- Make a strong argument to greatly reduce the fault assigned to you
- Identify other parties who contributed to the crash instead of you
There are also other laws you need to be aware of. They could affect your case, as well.
When the at-fault driver is in a commercial vehicle such as a tractor-trailer, Miss. Code § 75-89-15 may come into effect. This statute recognizes respondeat superior as a part of Mississippi law. Respondeat superior allows us to build a case to prove the driver was at fault but to hold their employer vicariously liable. This is possible as long as the driver was acting within the scope of their job when the collision occurred.
Trucking companies and other large corporations often have large liability policies that have coverage limits above those available from an individual driver. This can be crucial in truck collisions because victims in smaller vehicles often suffer severe or catastrophic injuries when hit by a big rig.
How Much Time do I Have to Get Started?
You can wait until your injuries are stable before you consider your legal case against the at-fault driver, but we encourage you to act as soon as your injuries allow. We cannot complete your claim until you recover or know more about your prognosis, but we can get to work building the case before that time. The sooner we get started, the more evidence is available.
It is much easier to build a strong case immediately following a crash. Witnesses remember what happened more clearly and are easier to locate. Physical evidence is easier to find and analyze, and there is more opportunity to find photos or videos from the scene.
In addition, there are deadlines for suing in Mississippi. You must file your lawsuit before these deadlines or lose the right to move forward with your case. Under Miss. Code § 15-1-49, these deadlines include:
- Three years in a Mississippi injury case
- Three years in a wrongful death case
Exceptions are possible in these deadlines, but some may give you even less time to file. This is another reason why we recommend contacting us as soon as you can.
Speak With an Attorney from Morris Bart, LTD Today for Free
The Morris Bart law firm offers free legal assessments for victims hurt in a Mississippi car crash. We are here to explain your options and the services we provide that could help you get the compensation you need and deserve. Let us evaluate your car accident claim for free today.
Call (800) 537-8185 to talk to a car accident attorney at one of our Mississippi offices now.
Questions?Call (800) 537-8185
to find a Morris Bart office near you.