Roughly 5,000 motorcyclists die in traffic crashes every year. What’s more, the riders who are fortunate enough to survive tend to sustain catastrophic injuries. As such, they don’t actually feel fortunate in the aftermath.
If you were seriously hurt in a motorcycle accident, you’re probably wondering if your life will ever be the same. While filing a claim against the at-fault party won’t erase what happened or restore your health, it could at least provide the funds needed to pick up the pieces.
Wondering whether you have grounds for a claim? Here are some of the biggest signs you might be able to put together a strong case:
1. You Did Not Cause the Crash
When it comes to assigning financial responsibility for motor-vehicle collisions, Mississippi takes a fault-based approach. That means victims are usually entitled to seek compensation from those who were to blame.
Put another way, you probably have grounds for a claim if you can prove someone else caused the crash. Keep in mind, however, that if you contributed to the wreck in any way, it could reduce the potential payout. Under Mississippi’s pure comparative fault rule, the plaintiff’s right to damages is reduced by his or her own percentage of liability
2. You Were Hurt in the Crash
You must be able to link the injuries you sustained to the accident. As long as you visited a doctor immediately following the crash, you should be able to use your medical records to prove causation. Video footage of the collision, photographs of your wounds, and testimony from various experts explaining how your injuries are consistent with what happened can also help.
3. You Incurred Actual Damages as a Result of Your Injuries
If you did not suffer recoverable losses, you won’t be able to put together a very compelling claim. Tort law in Mississippi recognizes the following losses:
- Pain and suffering,
- Physical impairment,
- Emotional distress,
- Diminished quality of life,
- Mental anguish,
- Property damage,
- Medical bills,
- Lost wages,
- Lost earning capacity, and
- The cost of reasonable and necessary replacement services.
4. The Accident Occurred Recently
If you file your claim after the statute of limitations has passed, the insurance adjuster won’t have any incentive to settle because there will be no threat of litigation. In Mississippi, the typical filing deadline for personal injury actions is three years. There are a few exceptions, however, that leave victims with considerably less time, so it’s wise to commence the proceedings as soon as possible.
Speak with a Jackson Motorcycle Accident Attorney
Was your life forever changed after a reckless driver struck you in traffic? For help with every aspect of your motorcycle accident claim, turn to Brown Bass & Jeter, PLLC.
Get the knowledge and resources of a powerhouse practice backing your every move coupled with the personalized service you’d expect from a small, local firm. To schedule a free initial consultation with a motorcycle accident lawyer in Jackson, call 601-487-8448 or fill out our Contact Form.