Vicksburg Personal Injury Attorney
Filing a Personal Injury Lawsuit in Warren County
Have you been injured in an accident? Did someone you love tragically pass away due to someone else’s negligent or wrongful conduct? You deserve justice, and ‘MAGGIO LAW can help.
Our Vicksburg personal injury lawyers are dedicated to holding negligent people, business owners, companies, property owners, and manufacturers accountable for the harm they cause. We proudly serve individuals and families throughout Warren County and all of Mississippi, offering caring, personalized legal service and aggressive advocacy, in and out of the courtroom.
How to Determine If You Have a Personal Injury Case
Most personal injury claims are brought on the grounds of negligence. In such cases, the person bringing the claim (known as the “plaintiff”) has the burden of proof, meaning they are responsible for proving that the party against whom they are bringing the claim (known as the “defendant”) was negligent. Unlike in criminal cases, in which the defendant must be proven guilty “beyond a reasonable doubt,” the defendant in a civil claim must only be proven to have been more likely responsible than not for causing the injury.
Before establishing negligence, you must also prove that the defendant owed you a “duty of care.” This means that they had a legal responsibility to act reasonably and/or take certain measures to prevent foreseeable injury. In most cases, the duty of care is implied. For example, there is an implied duty of care in doctor-patient relationships, as well as an implied duty of care amongst motorists on a shared roadway. Therefore, simply establishing that a doctor-patient relationship existed, or that you were on the same road as a negligent motorist, is often enough to establish a duty of care.
Personal injury cases often arise from the following situations:
- Car, motorcycle, and other auto accidents
- Large truck and commercial vehicle collisions
- Motor vehicle accidents involving pedestrians and bicyclists
- Bus, train, and other mass transit vehicle collisions
- Uber, Lyft, and other rideshare accidents
- Slips, trips, and falls
- Unsafe property conditions
- Dog bites and attacks
- Defective products
- Medical malpractice and negligence
- Nursing home abuse and neglect
The surviving family members of people who die due to others’ negligent or wrongful conduct can also seek justice and financial recovery by filing wrongful death claims. Our attorneys at ‘MAGGIO LAW can help you understand your legal rights and options. We are passionate about standing up for injured victims and the families of those wrongfully killed, and we are prepared to help you navigate this incredibly challenging time.
What Is Comparative Negligence?
While some accidents are the result of a single person’s negligence or misconduct, many occur due to myriad factors. Often, more than one person is to blame. Fault may be shared evenly between multiple parties but, more commonly, it can be attributed largely—but not entirely—to one party with another party sharing a smaller portion of the blame. When this is the case, who is responsible for the injured parties’ damages?
Mississippi follows what is known as a “rule of pure comparative negligence.” Under this rule, injured parties can file claims and seek compensation after an accident or injury-causing event even if they share some of the fault. This is true regardless of the degree of fault, as long as it is less than 100%. However, the plaintiff’s total recovery will be reduced by their at-fault percentage, meaning they will not be able to recover the full amount they could have received if they were not found partially to blame.
For example, imagine you were injured in an accident with someone who was texting while driving and ended up incurring $10,000 in damages. The texting driver ran a red light, crashing into the side of your car as you drove through the intersection. However, you were speeding to make the light when the collision occurred. As a result, the insurance company argues that you were 30% to blame for the accident. In this scenario, you would only be able to recover up to 70% of the total cost of your damages, or $7,000.
Often, the insurance company tries to overinflate the claimant’s degree of fault to avoid paying out the full amount owed. It is important that you speak to an attorney before accepting any settlement offer or signing anything provided to you from the insurance company. Your attorney can determine whether the insurance adjuster’s valuation of your claim is just and, if not, can negotiate a more favorable settlement. If necessary, your attorney can even pursue litigation and represent you at trial.
Reach Out to ‘MAGGIO LAW Today
Our firm has earned a reputation for taking on challenging cases—and winning. We have successfully recovered hundreds of millions of dollars in compensation for our clients, including numerous million- and multimillion-dollar settlements and verdicts. Every case is handled by our partner attorneys; we never pass claims off to paralegals or assistants. Instead, you can trust that our Vicksburg personal injury lawyers will be directly involved in your case from start to finish.
We know how insurance companies work, and we know how to stand up for the rights of our clients. If you have been injured or if someone you love died due to another person or party’s negligence, get in touch with our legal team today to learn how we can help. There are absolutely no legal fees unless we recover compensation for you.