Were you recently injured in a collision caused by distracted driving? If so, you may be ready to take action and hold the distracted driver accountable for their reckless and negligent acts. However, your injuries may be so severe that they require all your attention and energy so you can recuperate.
While you heal, a knowledgeable and experienced Olive Branch personal injury lawyer at Gatti, Keltner, Bienvenu & Montesi, PLC can help you get justice. Contact our team for a free consultation today and learn more about the steps you need to take to recover the compensation that is rightfully yours.
How to Get Justice After a Distracted Driving Accident in Olive Branch
It is essential to consider all your legal options before you decide how to approach your case. Your distracted driving accident lawyer in Olive Branch, MS, is here to offer the legal guidance you need when you need it most.
Here are some of the top ways car accident victims like you can ensure you recover the compensation you deserve:
Pursue an Insurance Claim
Filing a claim with the insurance company is one of the top ways to recover damages. However, insurance settlements are often limited. Since Mississippi follows fault-based insurance laws, if the distracted driver caused the accident, they have to pay for your damages. You must file a claim with their insurance provider.
This means the amount of compensation you can recover through your insurance is based on the amount of coverage the drunk driver has purchased. Suppose the drunk driver who hit you carries the minimum amount of auto insurance coverage. In that case, you might access as little as $50,000 per accident for your medical expenses and $25,000 for your property damages.
Filing a Claim with Your Auto Insurance Provider
If you previously purchased personal injury protection (PIP) coverage as part of your auto insurance policy, you might have the chance to file a claim with your insurance company.
However, when you file a claim with your insurer, you may risk having your auto insurance premiums increase when your policy renews. For this reason, consider discussing your legal options in further detail with an experienced Olive Branch distracted driving accident attorney at GKBM.
Bring the Distracted Driver to Court
Your distracted driving accident lawyer will be by your side every step of the way when insurance coverage is insufficient. Fortunately, you have a chance to bring your distracted driving accident case to trial so that you can recover your losses in full.
Going to trial means you can seek restitution for every loss. There are no limitations to the amount of compensation you could win as there are with insurance settlements.
However, the state of Mississippi limits the compensation the jury can award you for non-economic damages. You can recover up to $1 million for your non-economic losses under the law. However, there is no limit to the compensation you can recover for your economic losses.
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Compensating Olive Branch Distracted Driving Accident Victims
Your distracted driving accident attorney in Olive Branch, MS, is responsible for determining how much compensation you should recover in your distracted driving accident lawsuit. There are two primary types of damages that you could recoup: compensatory damages and punitive damages.
Compensatory damages refer to the various economic and non-economic damages you are entitled to recover when someone else is responsible for causing your injuries. The distracted driver who caused the collision can be required to repay you for several types of financial and non-financial losses, some of which include:
- Diminished quality of life
- Loss of income
- Skin scars and embarrassing disfigurement
- Inconvenience and anticipation
- Apprehension, shock, and shame
- Fear and indignity
- Loss of consortium
- Healthcare expenses
- Future medical costs related to your distracted driving accident injuries
- Loss of household services
- Pain and suffering
- Diminished earning capacity
- Loss of employee benefits
- Mental anguish and emotional distress
You could also recover compensation for punitive damages. These types of damages are not an entitlement in any personal injury case. Under the law, the court system has the discretion to award punitive damages if they consider the defendant’s conduct reprehensible or grossly negligent. They are rarely granted except in the most extreme circumstances.
Often, the Olive Branch civil courts will award punitive damages to punish the defendant for this conduct beyond the compensatory damages you have the right to recover. However, it would be best if you never relied on punitive damages, as there is no guarantee they will recover in your case.
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Mississippi Car Accident Laws You Need to Know
Your distracted driving accident attorney is here to help you navigate the car accident claims process every step of the way. However, certain Mississippi car accident laws could influence the outcome of your case. Here are the most notable ones you need to know:
There Are Deadlines for Filing Your Distracted Driving Accident Claim
According to Mississippi Code § 15-1-49, a strict three-year statute of limitations is in place for any type of personal injury claim, including distracted driving lawsuits. Unfortunately, those who fail to file their lawsuits before time runs out may find the Mississippi civil courts refuse to hear their case.
You Could Be Accused of Sharing Fault
It is not unusual for the distracted driver to accuse the injury victim of sharing the blame for the accident. This is because doing so could reduce the compensation you could win.
Mississippi follows a pure comparative negligence code, which means you will not lose the right to recover compensation if you share fault. However, your injury settlement will reflect a shared fault deduction that correlates with your percentage of the blame.
For instance, if you were found 25% responsible for causing the accident with a distracted driver, it would be reasonable to expect your settlement to be reduced by 25%. Having a distracted driving accident attorney in Olive Branch who can accurately assess liability is a top priority if you want to get the most out of your claim.
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Contact an Olive Branch Distracted Driving Accident Lawyer for Help Today
Are you ready to fight for total financial compensation? When you are anxious to bring the at-fault party to justice but do not know where to get help, contact a reputable Olive Branch distracted driving accident lawyer at Gatti, Keltner, Bienvenu & Montesi, PLC for a free, no-obligation consultation.
You can start working on your insurance claims and civil lawsuits as soon as today by completing our quick contact form or calling our office to take advantage of this opportunity.