If you were injured in a car accident that another driver caused, you probably expect that person’s auto insurance company to cover your medical bills, vehicle repairs, and other damages. However, if your case goes to trial and the court finds that you were partially responsible for the accident, your recovery will be reduced by your percentage of fault, pursuant to Mississippi’s pure comparative negligence law.
For example, let’s assume that a pedestrian crosses the road outside of a designated crosswalk and is hit by a driver who was texting. In this scenario, both parties would share liability for the accident. If the total damages awarded to the pedestrian is $20,000 but the court finds that the pedestrian was 25 percent at-fault for the collision, the recovery would be reduced to $15,000.
Ultimately, the success of your claim and the amount of compensation you recover will depend on the specific facts of your case and the strength of your evidence. An experienced car wreck lawyer can interview witnesses, examine the police report, and help you gather evidence to prove negligence, liability, and the value of your damages.
If you would like to discuss your case with an accident attorney in Jackson, turn to Ballard Law, PLLC. William E. Ballard has a reputation for tough litigation and a strategy for winning substantial settlements and verdicts for his clients. Schedule a free consultation today by calling 769-572-5111.
What Evidence Will My Attorney Use to Support My Car Accident Claim?
The answer to this question depends on the specific facts of your case. In order for your claim to be successful, your lawyer will have to prove that the at-fault driver owed you a duty of care, breached that duty of care, and the breach of duty caused your injury or loss.
Proving that the driver owed you a duty of care is relatively straightforward because all motorists have a duty not to behave in a way that endangers other people. Proving a breach of duty can be more complicated and may require the following evidence:
- The police report;
- Eyewitness testimonies;
- Photographs of the crash scene;
- Timelines; and
- Testimonies from accident reconstruction experts.
There may be other evidence at your attorney’s disposal depending on the nature of your accident. For example, if you were injured in a commercial truck wreck, the truck’s black box data may help your lawyer prove negligence. If there was CCTV camera footage of the incident, this may also be valuable evidence.
Your attorney will also have to prove the value of your damages. In the state of Mississippi, the following damages may be recoverable in a personal injury claim:
- Past and future medical bills;
- Lost income;
- Loss of future earning capacity;
- Vehicle repairs;
- Mental anguish;
- Pain and suffering;
- Loss of consortium; and
Your attorney may use the following evidence to prove the value of your damages:
- Medical bills;
- Paystubs and income tax returns;
- Mechanic receipts;
- Photos of your injuries;
- Testimonies from medical experts; and
- Testimonies from financial experts.
Recovering fair compensation in a personal injury claim often involves an uphill legal battle. If you would like to discuss your case with an accident attorney in Jackson, contact Ballard Law, PLLC. Call 769-572-5111 today to schedule a free initial consultation.
