The law states that anyone who is injured or otherwise suffers damages (such as medical expenses, lost income, pain and suffering, or losses associated with the death of a loved one) can file a personal injury claim against an at-fault person or party.
To have grounds for a personal injury case, you must typically prove each of the following elements:
- The party against whom you are bringing the claim, known as the “defendant,” owed you a duty of care. This means they had a legal responsibility to take certain measures and/or avoid certain actions that could cause foreseeable injury or harm.
- The defendant failed to uphold the duty of care or breached the duty of care. This means that they did not take certain reasonable measures to prevent injury (i.e., were negligent) or intentionally inflicted injury.
- You were injured, and your injuries were a result of the defendant’s negligent, wrongful, or intentional conduct. You must also prove that your injuries led to measurable economic and/or non-economic damages.
In some cases, such as motor vehicle accidents, the duty of care is implied. In other words, all motorists on the road owe an implied duty of care to others, meaning they must take reasonable measures to avoid causing an accident or otherwise injuring another person. This means following traffic laws, obeying the rules of the road, and driving with care. When a motorist fails to do these things and causes an accident that injures someone else, they can be held responsible for the injured person’s medical bills, lost wages, diminished earning ability, pain and suffering, and other damages.
You should also know that your time to file a personal injury lawsuit is limited. If you wish to sue the at-fault party for personal injury in Mississippi, you only have three years from the date of the injury (or the date on which you discovered the injury/reasonably could have discovered the injury) to file your lawsuit.
The sooner you act, the better. If you were recently involved in an accident or injured as a result of someone else’s careless or reckless conduct, reach out to our Greenville personal injury attorneys at ‘MAGGIO LAW for a no-cost, no-obligation consultation. We can help you understand your legal options and develop an innovative strategy aimed at protecting your rights.