Mississippi law gives injured individuals the right to seek financial compensation for their damages if their injuries were caused by another party’s negligence or unlawful actions. If you were hurt in an accident, a Pass Christian personal injury lawyer with the Morris Bart law firm can help you file a claim or lawsuit and pursue compensation.
Our 16 different locations are available to serve you. Call us at (228) 357-9621 for a free consultation today.
Proving a Personal Injury Case
There are four main components in a personal injury case: duty, breach of duty, causation, and damages.
The first element is the establishment of a legal duty. For example, motor vehicle drivers have a legal duty to drive safely and within the bounds of Mississippi traffic law. Property owners also have a legal duty to keep their properties reasonably safe for individuals who are invited onto the property.
Breach of Duty
The second element is the breach or violation of the legal duty. For example, a driver may breach their duty by driving recklessly or irresponsibly. Or a store owner may breach their duty by failing to provide adequate lighting in the store’s parking lot.
The third element that must be demonstrated to win a personal injury case is causation. You must show that the defendant’s breach of duty caused your injuries. This may mean proving that your injuries were not preexisting or due to your own actions.
You must also show that your injuries led to damages. Damages in a personal injury case often include medical expenses, lost income, and non-economic damages, such as pain and suffering.
Types of Damages You May Recover
You may be entitled to compensation for your damages or losses stemming from an accident. You could be compensated for:
- Medical expenses, including future medical care
- Lost income from missed work
- Harm to your income-earning ability caused by your injuries
- Physical pain
- Mental anguish
- Loss of enjoyment of life
- Property damage
You may be entitled to compensation through a personal injury claim or lawsuit if you were hurt in a motor vehicle accident. The at-fault party in a car accident case is often another driver.
However, the party liable for your accident may also be a commercial business, such as a repair shop or trucking company, a city, state, or other government entity, a manufacturing company, or another party. Our team can help you identify who is liable for your accident and pursue a case against that person or organization.
Proving Negligence in a Premises Liability Case
Premises liability law deals with the duties expected of property owners and property occupiers. If a commercial property owner or a residential property owner fails to maintain reasonably safe premises, they may be liable for an injury caused by the unsafe condition on the property.
Many different types of injury cases may fall under the umbrella of premises liability law, including:
- Slip and fall accidents
- Trip and fall accidents
- Electrocution accidents
- Construction site accidents
- Apartment accidents
- Fires and explosions
- Exposure to hazardous material
- Dog attacks and dog bite injuries
- Swimming pool accidents
Doctors, nurses, surgeons, dentists, and other medical professionals are held to a very high standard regarding patient care. If a health care professional’s mistake leads to a patient’s injury or death, the health care professional or the medical facility at which the mistake occurred may be liable for damages.
It can be challenging to tell when a medical professional’s behavior breaches their duty of care to a patient. The Morris Bart law firm uses various tools and strategies when investigating a potential medical malpractice case. We may analyze medical records and speak to medical experts to determine if the medical professional’s actions were negligent.
You may have a medical malpractice case if you or a loved one was the victim of a:
- Surgical error
- Medication mistake
- Delayed diagnosis or misdiagnosis
- Birth injury
- Unnecessary or incorrect medical procedure
- Premature discharge from the hospital
- Nursing home abuse or neglect
- Infection or illness caused by unsanitary conditions
Product manufacturers have a duty to ensure that products are safe for consumers to use. You may have a valid case for damages if you were harmed by a dangerous or defective product.
If you were hurt on the job, you may be entitled to compensation through your employer’s workers’ compensation insurance.
According to Mississippi Code Ann. §71-3-7, compensation for injured workers is available without regard to fault. This means you do not have to prove your employer acted negligently or committed a crime in order to be entitled to financial compensation through workers’ compensation.
However, getting the compensation you need to cover your injury-related expenses is often quite challenging. The Morris Bart law firm can help you file a workers’ compensation claim or challenge a denied claim. We may also be able to help you bring a personal injury lawsuit against a negligent third-party for a work accident.
Important Time Limits You Should Be Aware Of
There is a time limit on personal injury lawsuits in Mississippi. According to Mississippi Code Ann. §15-1-49, the statute of limitations for personal injury cases is three years. This means if you do not file your legal action within this period, you may be ineligible for financial compensation.
Contact Morris Bart, LTD for Help
If you or a loved one suffered injuries in an incident caused by someone else’s negligence or wrongdoing, contact the Morris Bart law firm. A Pass Christian personal injury lawyer from our firm can help you pursue a claim or a lawsuit to seek compensation for your damages. Call our office at (228) 357-9621 today for your free case evaluation.
Questions?Call (228) 357-9621
to find a Morris Bart office near you.