After an accident in which you were hurt, you may be contacted by an insurance adjuster for the at-fault party. What you say in that conversation may be used in an attempt to diminish your ability to recover damages for your injuries in the future. You should consult your own lawyer before speaking to an attorney or an insurance adjuster for an at-fault party. At Nahon, Saharovich & Trotz, our Oxford personal injury attorneys can provide legal representation to victims of car accidents, truck crashes, and other harmful situations, such as those involving nursing home negligence, motorcycle wrecks, negligent security, and defective products.Bringing a Claim Following an Accident
Most car and truck accidents in Mississippi and elsewhere result from negligence by one or more drivers. To establish negligence, a plaintiff must prove that it is more likely than not that the defendant owed a duty to drive safely but did not meet that duty, and the accident occurred because of the defendant’s breach of that duty.
What if more than one person was to blame for an accident? Mississippi follows the doctrine of pure comparative negligence, under which a plaintiff is not automatically barred from recovering damages if he or she is partially to blame. The plaintiff’s damages will be typically proportionate to the defendant’s percentage of fault. Our personal injury lawyers can help Oxford residents and others defend against allegations of comparative fault while collecting evidence to illustrate the defendant’s responsibility for the wreck.
When a car or truck driver is on the job, their employer may be held liable under a theory of vicarious liability. An employer is generally vicariously liable for its employee's negligence if it is committed in the course and scope of the job. For example, a pizza restaurant may be liable for a delivery driver's failure to yield at a yield sign if this results in a crash and injuries to others.
In Mississippi, when multiple people are at fault, each defendant is liable only for an amount of damages that is equal to their percentage of fault. In determining percentages of fault, however, the employer and the employee may essentially be treated as if they are one defendant if their liability is triggered by the employee's negligent act or omission within the course and scope of employment. Of course, an employer may be found negligent on its own under theories such as negligent hiring or negligent training.
Many forms of damages may be available in personal injury cases. Victims often will be able to receive compensation not only for past losses, such as medical bills and lost income, but also for future damages like the costs of future treatment and lost earning capacity. More subjective types of losses such as pain and suffering or mental anguish also may be compensated, even though they can be more challenging to quantify. In some situations, testimony from medical or vocational experts may be useful to demonstrate the extent of the victim’s injuries and their impact on the victim’s life.Retain an Experienced Personal Injury Attorney in Oxford
Many people cannot afford the significant medical costs and time off from work caused by a motor vehicle collision or another accident. Their only recourse may be to file a personal injury lawsuit. If you were hurt because someone else acted carelessly, you should retain an experienced Oxford personal injury lawyer. At Nahon, Saharovich & Trotz, we employ over 30 attorneys and 100 staff members to serve victims throughout Mississippi and the South. Call us at 1-800-LAW-4004 or complete our online form for a free consultation if you are seeking a truck accident lawyer or assistance with another type of personal injury claim. NST is the way to go.