Truck accidents can cause significant damage to both people and property. The state of Mississippi has specific laws in place to help victims of truck accidents receive compensation for their losses. However, calculating damages in a truck accident case can be complicated. In this blog post, we will discuss the steps involved in calculating damages in a Mississippi truck accident case.
Step 1: Determine the Types of Damages
In a truck accident case, there are two types of damages: economic and non-economic.
Economic damages refer to the tangible losses incurred by the victim. This includes medical bills, lost wages, property damage, and any other out-of-pocket expenses incurred as a result of the accident.
Non-economic damages, on the other hand, refer to intangible losses such as pain and suffering, emotional distress, loss of consortium, and loss of enjoyment of life.
Step 2: Calculate Economic Damages
Calculating economic damages requires a detailed analysis of the financial losses incurred as a result of the accident. This includes:
Medical bills – All medical expenses incurred as a result of the accident should be considered, including emergency room visits, hospital stays, doctor visits, physical therapy, and medication costs.
Lost wages – If the victim is unable to work due to the injuries sustained in the accident, they are entitled to compensation for lost wages. This includes both past and future lost wages.
Property damage – If the victim’s vehicle or other property was damaged in the accident, the cost of repairing or replacing the property should be considered.
Other expenses – Any other out-of-pocket expenses incurred as a result of the accident, such as transportation costs to and from medical appointments, should also be considered.
Step 3: Calculate Non-Economic Damages
Non-economic damages are more difficult to calculate than economic damages. This is because there is no specific dollar amount that can be assigned to intangible losses such as pain and suffering. However, there are several factors that can be considered when determining non-economic damages, including:
The severity of the injuries – The more severe the injuries sustained in the accident, the higher the non-economic damages are likely to be.
The duration of the injuries – If the injuries sustained in the accident are expected to have long-term effects, the non-economic damages may be higher.
The impact on daily life – If the injuries sustained in the accident have a significant impact on the victim’s daily life, such as the inability to participate in activities they previously enjoyed, the non-economic damages may be higher.
The emotional impact – If the accident has caused emotional distress or mental anguish, the non-economic damages may be higher.
Step 4: Total the Damages
Once all economic and non-economic damages have been calculated, they can be added together to determine the total damages in the truck accident case.
Step 5: Consider Comparative Negligence
Mississippi is a comparative negligence state, which means that the damages awarded to the victim may be reduced if they are found to be partially responsible for the accident. For example, if the victim was speeding at the time of the accident, they may be found to be 25% responsible for the accident. In this case, their damages would be reduced by 25%.
At Brad Morris Law Firm, PLLC, we have extensive experience in handling Mississippi truck accident cases. We can help victims of truck accidents by providing legal guidance and support throughout the process of calculating damages.
Firstly, we will conduct a thorough investigation of the accident to determine the cause and identify all liable parties. This investigation will include collecting evidence, interviewing witnesses, and consulting with experts such as accident reconstruction specialists, medical experts, and economists.
Once liability has been established, we will work with the victim to determine the types and extent of damages they have suffered. We will review medical records and bills, wage and employment records, and any other relevant financial records to accurately calculate the economic damages the victim has incurred. Additionally, we will work with the victim to determine the impact of the accident on their non-economic losses such as pain and suffering, emotional distress, and loss of enjoyment of life.
After calculating the damages, we will negotiate with the insurance company on behalf of the victim to obtain a fair settlement. If necessary, we will litigate the case in court to ensure that the victim receives the compensation they are entitled to.
Overall, at Brad Morris Law Firm, PLLC, we can provide victims of Mississippi truck accidents with the legal support they need to navigate the complex process of calculating damages and obtaining compensation. We can help victims to receive the financial support they need to recover from their injuries and move forward with their lives.