Understanding Compensation in Personal Injury Cases

May 31, 2023

Understanding Compensation in Personal Injury Cases

Sustaining an injury due to someone else's negligence can be a traumatic experience, burdening you physically, emotionally, and financially. If you're a Mississippi resident pursuing compensation for damages following a personal injury, it's crucial to understand how the compensation is calculated and who pays it. Here we will explore the factors that Mississippi courts consider while determining the compensation and the parties responsible for paying it.


Types of damages considered



Mississippi courts consider two types of damages in personal injury cases: economic and non-economic compensatory damages. Economic damages include medical expenses, lost wages, and other financial losses directly attributed to the injury. Non-economic damages refer to the suffering that occurred because of the accident, such as pain and suffering, disfigurement, mental anguish, or loss of enjoyment of life.


Factors that affect the compensation in personal injury cases


Several factors play a crucial role in determining the amount of compensation awarded to an individual in personal injury cases. The following factors are typically considered by Mississippi courts during calculations:

- The severity and type of injuries sustained

- Duration and extent of medical care received

- The compensation sought, i.e., the amount requested for expenses and damages, and its reasonableness

- The at-fault party's degree of negligence

- Past and present loss of wages and the expected loss of future earnings or income


Parties responsible for paying compensation


The party responsible for paying compensation depends on several factors, such as the type of injury, the defendant's insurance coverage, and the degree of responsibility. In cases where the defendant has insurance coverage, the insurance company would typically pay the compensation. If the at-fault party is uninsured, the victim may obtain compensation by filing a lawsuit to recover damages. 


Importance of hiring a personal injury attorney in Mississippi


Personal injury cases can be complex, and there are many legal formalities to be followed while filing compensation claims. An experienced personal injury attorney can help you navigate the legal process, gather evidence, and maximize your compensation award. At J Madison Brooks III, Attorney at Law, we have helped numerous Mississippi residents obtain favorable outcomes in personal injury cases.


Personal injury cases involve specific procedures and factors that affect the compensation awarded. It's essential to have an experienced personal injury attorney by your side to help you through the process, maximize your compensation, and receive a favorable outcome. At J Madison Brooks III, Attorney at Law, we have a legal team of experienced attorneys who can assist Mississippi residents in personal injury matters. If you require assistance, you can contact us today to schedule a free consultation.


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