Do I Have Grounds for a Personal Injury Claim?

Do I Have Grounds for a Personal Injury Claim?

It’s not uncommon for accident victims to find themselves in financial trouble shortly after getting hurt. Thankfully, they’re often entitled to compensation for medical bills, lost wages, and other associated damages.

If you sustained accidental injuries through no fault of your own, you’re probably wondering whether taking legal action could be worth your while. While every case is unique, most successful personal injury claims are composed of four elements: a duty of care, a breach of duty, causation, and damages.

Let’s take a closer look at each element so you can determine whether you might have grounds for a claim:

1. A Duty of Care

The party responsible for your injuries must have owed you a duty of care. This duty might have been formally established, as it is between a doctor and a patient, or it might have been implied, as it is between a motorist and everyone in traffic around him.

2. A Breach of Duty

After proving that the opposing party owed you a duty of care, you’ll have to demonstrate how they breached it. This is the foundation of negligence.

If you were hurt in a bicycle accident, for example, you’ll have to show how the at-fault motorist failed to act with reasonable care. If, on the other hand, you were the victim of medical malpractice, you’ll have to demonstrate how your provider deviated from the most widely accepted standard of care.

3. Causation

The liable party’s negligence must have been directly responsible for the injuries you sustained. In other words, but for their actions—or lack thereof—you wouldn’t have gotten hurt.

Linking the incident to your injuries may be as easy as presenting medical records and deposition from various experts. Be prepared for the defendant to challenge your claim, however, if you didn’t seek care right away or if you happen to have any preexisting conditions.

4. Damages

The primary purpose of tort law is to reimburse affected parties for their losses. As such, you must have incurred actual damages as a result of the liable party’s negligence.

In Mississippi, recoverable damages include:

  • Medical expenses
  • Home care
  • Replacement services
  • Lost wages
  • Loss of future earnings
  • Property repairs
  • Alternative transportation
  • Home and vehicle modifications
  • Domestic help
  • Child care
  • Physical impairment
  • Disfigurement
  • Inconvenience
  • Embarrassment
  • Emotional distress
  • Injury to reputation
  • Mental anguish
  • Loss of enjoyment in life
  • Pain and suffering

Mississippi also allows the spouses of injured parties to seek compensation for loss of consortium. This encompasses the loss of love, companionship, affection, solace, and services that they incur as a result of their husband or wife’s condition.

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At Brown Bass & Jeter, PLLC, we understand the physical, emotional, and financial toll that unanticipated injuries can take on the whole family. That’s why we are committed to helping accident victims recover the compensation they need to make their lives whole again. Call 601-487-8448 or fill out our Contact Form to schedule a free consultation with a personal injury attorney in Jackson.

Katrina S. Brown

Katrina S. Brown


Katrina Brown is a highly sought-after trial attorney, known for her courageous spirit and genuine desire to seek justi[...]

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