Victims are often left with physical injuries and emotional distress after a Mississippi auto accident. The emotional toll from a traffic collision can be just as debilitating as the physical injuries. In Mississippi, individuals have the right to pursue compensation for their pain and suffering, medical expenses, and lost wages.
Understanding Pain and Suffering in Mississippi Auto Accidents
Pain and suffering is a legal term. It describes the mental and emotional anguish a person experiences after an accident. Such damages cannot be easily calculated with a dollar amount. This makes it more challenging to assign the value of these damages in personal injury cases.
Factors that Affect Pain and Suffering Damages
There is no formula for determining damages for mental and psychological suffering in Mississippi traffic accident cases. Instead, the court will consider several factors to determine fair compensation, including the following:
- Severity: The more severe and long-lasting the injuries are, the higher the potential for emotional damages.
- Impact on daily life: If the injuries significantly impact the victim’s daily life, such as being unable to work or participate in activities they enjoy, this can increase the amount you can collect.
- Emotional distress: Auto accidents can cause emotional trauma, such as anxiety, depression, and post-traumatic stress disorder (PTSD). The extent of these emotional injuries can also influence the amount of damages awarded.
- Pre-existing conditions: If the victim had pre-existing physical or mental health conditions that were worsened by the accident, this could also impact the damages.
Limits on Pain and Suffering Damages
There is no cap on non-economic damages in car accident cases in Mississippi. However, there are some limitations to remember:
- Comparative negligence: Mississippi is a comparative-negligence state, meaning that if the victim is found partially at fault, their total compensation will be reduced by their percentage of fault. For example, if the victim is found to be 20% at fault and awarded $100,000 in pain and suffering damages, they would receive $80,000.
- Statute of limitations: In Mississippi, the statute of limitations for personal injury cases is three years from the accident date. This means those injured must file their claim within three years.
Seeking Compensation for Pain and Suffering Damages
To recover compensation in a Mississippi auto accident, it’s important to gather evidence and build a strong case. This can include:
- Medical records: Documentation of injuries, treatments, and expenses can help demonstrate the severity of physical injuries and their impact on daily life.
- Testimony from medical professionals: Statements from doctors or therapists can provide insight into the extent of emotional distress caused by the accident.
- Journals: Keeping a record of how the accident has affected daily life and emotions can provide evidence for pain and suffering damages.
- Witnesses: Eyewitness testimony can help corroborate the victim’s account of the accident and its impact on their life.
Working with an Experienced Personal Injury Attorney
Navigating a personal injury case can be complicated, especially when seeking damages for emotional and psychological pain. So, if you or a loved one has been in a car accident in Mississippi, don’t hesitate to seek legal guidance and fight for your right to fair compensation for your pain and suffering.
The Diaz Law Firm: Lawyers for Auto Accidents
We at the Diaz Law Firm can assist you with seeking compensation for your injuries. Aside from medical bills and lost wages, the accident could also result in pain and suffering. Contact us at (601) 607-3456 or (800) 459-2222 for a free consultation. Contact us online as well.