Answer:
A question we are often asked about tractor trailer or trucking cases is how much a case is worth. In Mississippi, if there is a death involved, we have a statute that spells out the damages that can be recovered under our wrongful death statute. Those damages are payable to the beneficiaries that are defined under this statute, and the beneficiaries depend on the situation. For some people it’s a spouse and children; for those who do not have a spouse or children, the statute sets forth different levels of family members who the benefits extend to.
Under our wrongful death statute, the recovery is a total recovery or Omnibus recovery for both the person who died, any claims that arise from them, but also on behalf of the beneficiaries. What I mean by that is, for instance, if a person is killed as a result of a crash caused by a tractor trailer, the family members of the person who died have lost income of that person, and the person who died presumably had some form of pain and suffering in the process of that death. That would be one aspect of the claim that’s recoverable in the claim. There’s also the lost companionship, the emotional trauma to those family members as the result of losing a loved one. Each of those family members have their own relationship with that person and, under our law, the recovery for that wrongful death would be one recovery that takes into account the lost emotional value, the lost relationship, the lost economics as it relates to each of those family members and, also, to the individual decedent themselves.Separately from a death case, an injured person who was the victim of an accident or crash caused by a trucking company or their driver would certainly be able to recover all of their economic harms, by way of any medical expense or medical treatment that they require as a result of that injury, both past expenses and future expenses. They’re able to recover any lost wages or earnings during that period of recovery, as well as any future lost wages as a result of not being able to work or as a result of any type of diminished capacity. Under Mississippi law, as in a lot of states, there are values or an allotment that can be placed on recovery that’s allowed for what we call non-economic damages. That gets into your pain and suffering, loss of consortium, any impediment on the relationship that you have, for instance, with a spouse or with other family members, and loss of enjoyment of life. All of those things fall into a lump sum non-economic that ultimately would be up to a jury. Depending on the facts, the situation, and the circumstances, that would have a big impact on what those values are.At the end of the day, because these cases are complex and because they are unique and specialized, it really does take a trial lawyer who is experienced in handling tractor trailer or trucking personal injury cases to be able to put together the best possible case and ensure a fair recovery. If you have that type of case, reach out early to an experienced trial lawyer who deals with trucking cases. The Brad Morris Law Firm is here to answer your questions. We do free consults on all of our personal injury cases, including our trucking cases, and we’re available to help.
