Damages in a Biloxi, MS Car Accident Case
If you’re injured in a car accident, the incident impacts many aspects of your life. There will likely be medical treatment in the immediate aftermath, and there may be long-term care or surgery. Plus, many accident victims are unable to work due to their condition, rendering them unable to earn a regular income. Fortunately, Mississippi law allows to you financially recover for the losses you suffer as a result of a car crash. The amount of compensation is based upon the legal theory of damages, which fall into two categories in a personal injury case founded in negligence.
When losses can be reasonably ascertained by documentation, the damages are economic in nature. They include:
- Medical Bills: You will incur medical costs for the treatment related to your care and rehabilitation. The bills from treating physicians, specialists, chiropractors, occupational therapists, and other healthcare professionals are included in this category.
- Lost Wages: If you’re out of work for any period of time after your car accident, you can likely recover the lost wages you would have earned had the incident never occurred. Paycheck records are typically used to prove these amounts.
Damages that fall in the non-economic category are those that cannot be determined by paperwork, such as:
- Pain and Suffering: It’s hard to put into words exactly how much pain and suffering you sustain when injured in a car accident, but you certainly feel discomfort ranging from mild to severe. Indications of the level of your pain and suffering might be the nature of the injury, length of recovery, and type of medication used to treat your injuries. Plus, if an injury is permanent, non-economic damages for pain and suffering are higher.
- Emotional Distress: You may suffer emotional anguish as a result of your injuries, due to the impact on your life and relationships. To prove emotional distress, it’s necessary to provide such documents as psychiatric records and diagnosis of a disorder.
- Loss of Society, Companionship, Consortium: These non-economic damages are intended to reimburse you for the impact upon on your relationships with loved ones after an accident. If you can’t resume your role as parent or spouse, you may be entitled to recover for these losses.
Statutory Cap on Non-Economic Damages
Like many states, Mississippi enacted legislation limiting the amount a plaintiff may recover for non-economic damages. The statutory cap in a car accident case is $1 million for all cases filed after September 2, 2004.
A Biloxi Car Accident Attorney Will Assist You in Recovering Damages
A car accident can be a life-changing matter, but Mississippi law protects victims by allowing them to recover compensation for economic and non-economic damages. However, the legal requirements and procedural rules are extremely complex, so it’s important to retain a skilled lawyer that has extensive experience in car accident cases. An attorney can engage in negotiations with the responsible party’s insurance company or take the matter to court if settlement doesn’t work out. For more information on damages or to discuss your situation with a legal professional, please contact the Law Offices of Judy Guice based in Biloxi, MS. Our attorneys can answer your questions or schedule a free consultation.