Pittman, Roberts & Welsh, PLLC fights for those who have been injured. Often, accidents occur when someone acts negligently. While the decision to be negligent can be done in an instant, the consequences of the accident can be severe. When you’re trying to move forward, your recovery process will take time and money. The Madison, MS personal injury lawyers from our firm will stand by your side so you’re able to get the recovery you deserve. You can have peace of mind that we’re fighting for your rights. We’ll do everything we can to protect your best interests.
Personal Injury Lawyers Stand Up for Victims
When you’re seeking compensation for your injuries after an accident, you may think that filing a claim is the only step to take. Then, the insurance company will respond and you proceed from there. While it can be tempting to want to accept the insurance company’s first offer, it may not adequately reflect the extent of your injuries and damages.
Having an attorney on your side is how you can ensure your compensation will match the injuries and losses you’ve sustained. Pittman, Roberts & Welsh, PLLC is here to help you navigate this process. We can handle communication with insurance companies so you don’t have to worry about harassing calls or putting your future in jeopardy.
Our Lawyers Have Experience in Many Areas of Personal Injury
Negligence can lead to many different types of accidents. Our attorneys have experience in the various areas of personal injury law and will be able to help you get the justice you deserve. Let’s take a look at some of the common cases we see.
Mississippi had 690 fatalities related to crashes in 2016. Car collisions can also result in numerous injuries. Unfortunately, these accidents could have been prevented if the driver who caused it hadn’t acted negligently. The driver could have gotten behind the wheel while they were intoxicated, were on their phone, or they were trying to multitask when they should have been focusing on the road.
A Madison, MS car accident lawyer will find out how the other party acted negligently and show how their actions caused your injuries. Then, we’ll fight for you to recover from those damages.
Jackknife, rollovers, and override accidents can all cause debilitating injuries and may even result in fatalities. When you’ve been in a truck collision, you may have a long recovery process in front of you.
A Madison, MS truck accident lawyer will help you hold the liable party accountable for their actions. If the truck driver made a reckless decision, or the trucking company put an unsafe vehicle on the road, our lawyers will find out and help you get compensation for your injuries.
Medical errors can put someone’s life at risk. A pharmacist can give the wrong medication, a doctor can miss the signs of an ailment, or a surgeon can make a mistake during a procedure. When a medical professional has caused further harm to the patient and acted outside of the standard of care, they can be held accountable.
Medical malpractice claims can be difficult to prove. It’s important to have a Madison, MS medical malpractice lawyer on your side. We’ll gather evidence and consult with experts to get their testimony on how you were treated.
Nursing Home Abuse
We trust nursing homes, assisted living facilities, and other senior living communities to provide healthy and safe environments for our loved ones. When the nursing home doesn’t have the resources or staff to provide the residents with the care they need, then the residents could be put in danger. Their quality of life and health could decline.
In other situations, nursing homes may have abusive staff members who are physically aggressive or emotionally abusive toward residents. Other forms of abuse include financial and sexual abuse. If you suspect your loved one is in a dangerous environment, a Madison, MS nursing home abuse lawyer from Pittman, Roberts & Welsh, PLLC can help.
If an accident results in a fatality of a loved one, you can seek legal action. A Madison, MS wrongful death lawyer will examine the accident, determine what caused it, and who was responsible.
When you file for wrongful death, this can provide your family with the solace that you held the negligent party accountable for their actions and also will receive compensation to cover the losses of the accident. While a claim cannot replace the person, having the financial security of fair compensation can help give your family the space to grieve.
Our personal injury lawyers have experience in many other areas, too. If you have any questions about your accident and if you’re eligible to take legal action, we’re here to answer your questions.
We’ll Fight for Fair Compensation
Your Madison, MS personal injury lawyers will look at the evidence surrounding your case to accurately estimate the compensation you’re owed. There are several different types of damages that you can recover, depending on what happened in your case. Those damages are economic, noneconomic, and punitive.
The economic damages that you sustained are the actual costs that you had to pay for injuries, repairs, and any property damage that the accident caused for you. We’ll look at medical bills, future medical expenses, days of missed work, lost earnings, and property damage so that we can calculate those losses to see what the accident has cost you financially.
The non-financial losses, or noneconomic damages, include pain and suffering, loss of consortium, loss of enjoyment of life, emotional distress, and mental anguish. While these don’t have a bill attached to them, they’re still severe consequences of your accident. Our lawyer will evaluate the noneconomic damages you’ve suffered and will take this into account when determining your compensation. It’s also important to note that noneconomic damages in Mississippi are capped at $1 million for most claims, and $500,000 for medical malpractice.
The final type of damages that you could recover in your claim are punitive damages. These are rare in personal injury cases but are possible if the situation warrants them. Punitive damages are only eligible to be recovered when the party who caused the accident acted with gross negligence or willful misconduct. This is harder to prove and requires firm evidence of intention to act negligently, but their reckless actions should not go unpunished. If a party acted this way, recovering punitive damages sends the message that their actions were unacceptable.
In Mississippi, there is a cap on punitive damages. Rather than a set amount as a cap, our state decides the cap based on the defendant’s net worth. If their net worth is under $50 million, the cap is two percent of their net worth. If their net worth is over $50 million, there is a sliding scale to determine the amount they can be awarded but is officially capped at $2.5 million.
This can all seem complex and feel like too much to handle on your own. That’s where we come in. Our Madison, MS personal injury lawyers will handle the legal side of things for you, like determining exactly what you’re owed in damages, so that you can focus on what really matters—healing.
How Your Lawyer Will Handle Fault
Personal injury claims typically hinge upon one major factor—fault. Since Mississippi is an at-fault state, your case will largely depend on who is considered to be at fault for the accident and subsequent injuries. When proving negligence, there are four aspects that need to be established in order to solidify your claims. Your lawyer will work to show that:
- A duty of care existed.
- There was a breach of that duty.
- That breach was caused by negligence and caused your injuries.
- That breach directly caused your damages.
More specifically, our state functions on pure comparative negligence law. This means that even if you are found to be partially at fault for the accident, you can still recover damages from the party who was more than half at fault. Your winnings will be reduced by the percentage of fault you were deemed to have contributed.
For example, before fault is determined, you are calculated to deserve $50,000 in compensation for the damages that you sustained. It’s decided that you were partially responsible for the accident and are deemed to be 10 percent at fault because you were distracted, while the other party was 90 percent responsible because they were distracted and acted negligently. This would reduce your settlement by $5,000, bringing your compensation amount to $45,000.
In order to prove fault, there are a couple things an attorney would do for you in your claim. One of the main factors your lawyer will use to prove fault is documentation. Police reports, photographs of the scene, and witness statements will all be used to prove that the other party was partially or fully responsible for causing your accident. If necessary, your attorney might also turn to experts who will recreate the scene to determine who was at fault for the accident.
Since you could be found partially at fault in your claim, it’s important to have an experienced Madison personal injury lawyer on your side so that you can feel confident that you’ll be properly represented. At Pittman Roberts & Welsh, PLLC, we know that your case relies on fault, and will fight to prove the other party was responsible and get you the justice you deserve for your injuries.
Mississippi Statute of Limitations
Another important factor in your claim will be the statute of limitations that our state has in place. When it comes to personal injury, the statute of limitations ranges from one to seven years for how long you have from the date of the incident to file a claim and depends on the type of incident that happened.
In general, though, most civil claims must be filed within two years of the accident that caused your injury. Your lawyer will be able to determine if you are within the statute of limitations and are eligible to file a claim against the party who caused your accident.
Citizens of Madison, MS Deserve Dependable Representation
Named after James Madison, Madison, Mississippi started out as a small community. Its proximity to a railroad track since before the Civil War allowed the community to develop and grow into the thriving city it is today.
Madison focuses on the comfort and safety of its residents. The neighborhoods are gorgeous and ideal for anyone who wants to raise a family in a city that values the needs of its citizens. The city also provides a fantastic community for retirees and has a retirement program that offers seniors a myriad of opportunities and activities.
The city also has international ties. Madison’s sister city is Sollefteå, Sweden, going back to 1997. Sollefteå is home to a forestry products company called Haglof, Inc. They now have a plant in Madison to aid in economic growth.
A city with a storied history and a bright future needs legal representatives that will protect the citizens when they need it. That’s where we come in.
Pittman, Roberts & Welsh, PLLC will help Madison citizens get justice when they need it. Going up against a company or standing up to an insurance company that isn’t offering a fair settlement can be intimidating to do on your own. Our attorneys are here to say you aren’t alone.
Get the Help You Need with Pittman, Roberts & Welsh, PLLC
We understand how complex the legal process can be. Our personal injury attorneys will be at your side every step of the way. We’ll go over what happened to you, how you can proceed, and what you can expect.
In the event the other side isn’t offering a fair settlement, our lawyers are prepared to fight for your case in court. We’ll do everything we can for you to secure your future.
To get started on your case, call us today for an obligation-free consultation. We’ll discuss your options and find the best way for you to move forward.