Car Accidents

Car accidents are all too common on today’s busy roads and highways. A wreck may create substantial disruption, pain, and expense for a victim. Mississippi law allows accident victims to pursue compensation from the party responsible for causing their injuries. Although this sounds straightforward, bringing a claim, collecting evidence, negotiating with insurance companies, and going to trial can be complicated. This means that enlisting an injury attorney is an important step to take in asserting your rights. Representing people throughout Madison, Rankin, Hinds, Warren, Yazoo, Forrest, Lauderdale, Simpson, Copiah, and Lincoln Counties, dedicated Jackson car accident lawyer M. Devin Whitt has provided knowledgeable legal counsel to many injured individuals. He is ready to assist you and your family during this traumatic time.

According to Title 15, Ch.1, Sec. 15-1-49, Mississippi residents have a fixed amount of time from the date that an accident happens to file a lawsuit. To this end, the time to file a claim is limited and an injured party should immediately contact an attorney to preserve their rights to make a claim for personal injury based on a car wreck. To recover compensation from an at-fault driver, the injured person usually must bring a negligence claim. This requires proving that the defendant owed a duty of care to the plaintiff at the time of the accident and failed to act in accordance with that duty. When operating a motor vehicle, each of us is expected to use the same ordinary skill and care that a prudent and reasonable driver would use in a similar situation. Engaging in texting or other distractions, driving under the influence, running red lights, and speeding excessively are some examples of negligent driving.

Mississippi is a fault-based car insurance state. Under this scheme, a person injured due to the negligence conduct of another can file a personal injury claim against the at-fault driver or can file a claim with his or her own insurance. Additionally, Mississippi requires drivers to maintain a minimum amount of car accident insurance coverage, including $25,000 for bodily injury. The state does not require motorists to have an underinsured or uninsured motorist coverage policy.

After showing that the defendant acted negligently, the plaintiff must prove that there was a causal connection between this negligence and the injuries that he or she sustained. Often, this involves retaining an accident reconstructionist, who can examine the scene of the wreck and the vehicles involved in order to determine exactly how and why the accident occurred.

Finally, the plaintiff must provide evidence supporting the damages that he or she is claiming in the lawsuit, like medical bills or missed paychecks. While many states place a cap on the amount of non-economic damages that a plaintiff can recover, which encompasses categories like pain and suffering, Mississippi does not limit the recovery of non-economic damages. In many cases, the defendant will try to argue that the plaintiff also acted negligently at the time of the accident, thereby causing his or her own injuries. Mississippi is a pure comparative fault state, which means that the jury can consider whether the plaintiff acted negligently and assign a percentage of fault to the plaintiff. However, the plaintiff still may be able to receive compensation that is proportionate to the defendant’s degree of fault, no matter how small that may be.

If you or someone you love has been hurt in a car wreck, you may be entitled to compensation. Jackson car accident attorney M. Devin Whitt has provided people throughout central Mississippi, including Madison, Rankin, Hinds, Warren, Yazoo, Forrest, Lauderdale, Simpson, Copiah, and Lincoln Counties, with compassionate and thorough assistance. At the Law Office of M. Devin Whitt, we can ensure that your rights are asserted throughout the legal process as we aggressively pursue the settlement or the judgment that you deserve. Call us now at 601-607-5055 or contact us online to set up a free, no-obligation consultation with a motor vehicle collision attorney.