#1: You May be Seriously Injured and Not Know It

Victims of car accidents may experience a good amount of shock and stress after the initial collision takes place. With all the moving pieces of a car accident – law enforcement, the other driver, insurance companies, passengers and other occupants, personal property, etc. – a car accident victim may feel overwhelmed and may not be aware of all of the injuries that they have sustained. In addition, there may be internal injuries that are not visible to the naked eye that could be serious in nature. For these reasons, seeking medical treatment after being involved in a car accident makes sense, even if you may not see or feel any immediate serious injuries.

#2. If You Delay, the Defendant May Claim that Your Injuries Were Caused by Something Else

In order to recover compensation for injuries sustained due to a car accident caused by another driver’s negligence, in Louisiana, a car accident plaintiff must prove that there is a causal connection between their injuries and the negligent driver’s actions. If a car accident victim delays in getting medical treatment, but later discovers they are injured, the defendant may raise the defense that something else caused the injury. In order for a plaintiff to be fairly compensated for all injuries sustained, it is, therefore, important to seek medical treatment following a car accident in Louisiana.

#3. No Medical Treatment? Potentially No Evidence of Damages

Finally, without any medical records at all, a car accident victim may not be able to recover monetary damages for their injuries. Medical records reflect the extent of injuries sustained in a car accident, and can be used when evaluating the damages in a Louisiana car accident case. Therefore, if there are no medical records at all, it may be very difficult for a Louisiana car accident plaintiff to recover compensation for their injuries.

Legal Help for Louisiana Car Accident Victims

If you were injured in a car accident in Louisiana and you are seeking legal assistance, contact the experienced Louisiana personal injury lawyers at Lunsford Baskin & Priebe, PLLC. The experienced Louisiana personal injury lawyers at Lunsford Baskin & Priebe, PLLC offer a free and confidential consultation to learn about your case and to see if they can help you get justice due. Contact Lunsford Baskin & Priebe, PLLC today and speak to a lawyer about your case for free.

When a person gets into a car accident, they often are concerned primarily with whether the person who caused the accident is insured. But what happens when a person who is injured in a car accident in Louisiana doesn’t have insurance? Does it impact their ability to recover compensation for their injuries?

Louisiana’s “No Pay, No Play” Laws

Louisiana laws establish compulsory automobile insurance coverage. What many Louisiana residents perhaps do not know is that failure to carry the required liability coverage can impact the recovery of compensation for injuries resulting from a car accident, even if the other driver was negligent or acted intentionally in causing the automobile accident. Under Louisiana laws, “There shall be no recovery for the first fifteen thousand dollars of bodily injury and no recovery of the first twenty-five thousand dollars of property damage based on any cause or right of action arising out of a motor vehicle accident, for such injury or damages occasioned by an owner or operator of a motor vehicle involved in such accident who fails to own or maintain compulsory motor vehicle security.” In other words, if a person who is injured in a car accident, due the negligent or intentional acts of another, fails to carry the required liability insurance coverage, they are not entitled to the first $15,000 of compensation for their bodily injuries, and $25,000 for damage to their automobile or other property. To determine whether you carry the statutorily required automobile liability insurance it is best to speak with a skilled and experienced Louisiana personal injury lawyer as soon as possible about your potential car accident case.

Justice for Car Accident Victims in Louisiana

Being involved in a car accident, especially if you believe you do not have the required liability coverage under Louisiana laws, or if you are unsure about the party at fault’s insurance coverage, can be extremely stressful and confusing. Fortunately, the experienced Louisiana personal injury car accident lawyers at Lunsford Baskin & Priebe are here to help. The experienced personal injury lawyers at Lunsford Baskin & Priebe offer a free and confidential consultation to learn about your unique car accident case and to see if they can help fight to get you compensation due. There is a limited time to file a personal injury claim in Louisiana, so do not hesitate to reach out to the experienced personal injury lawyers at Lunsford Baskin & Priebe. Contact Lunsford Baskin & Priebe today and speak to an experienced personal injury lawyer about your case for free.

Source:

​​ldi.la.gov/docs/default-source/documents/publicaffairs/consumerpublications/auto-insurance-guide.pdf

NHTSA Explains Why Drunk Driving is Just So Dangerous

According to the NHTSA report, drunk driving is dangerous because alcohol reduces brain function, impairs thinking, reasoning, and muscle coordination. This leads to unsafe driving, as drunk drivers are unable to make reasoned decisions, see properly, act quickly, remain vigilant and make safe choices. The NHTSA notes that even though in most states a Blood Alcohol Concentration of .08 grams of alcohol per deciliter is unlawful while driving, even a small amount of alcohol can actually impact a driver’s safe driving ability. For example, at a BAC at .02, a driver typically experiences “some loss of judgment; relaxation; slight body warmth; altered mood,” which can result in a “[d]ecline in visual functions (rapid tracking of a moving target), decline in ability to perform two tasks at the same time (divided attention).” At a BAC of .08, the NHTSA states that “[m]uscle coordination becomes poor (e.g., balance, speech, vision, reaction time, and hearing), harder to detect danger; judgment, self-control, reasoning, and memory are impaired” are typical impacts on driving ability. This leads to “concentration and short-term memory loss, speed control, reduced information processing capability (e.g. signal detection, visual search), impaired perception.”

Mississippi Drunk Driving Accidents – Where to Turn

It is clear that driving even after having only a little to drink can increase the risk of being involved in a drunk driving car accident. Unfortunately, as a result, even drivers out on the road may be a victim of a drunk or distracted driving accident.  If you or a loved one have been the victim of a drunk driving car accident in Mississippi, it is best to reach out to an experienced Mississippi car accident lawyer to learn about your rights and options to compensation under Mississippi laws. The experienced Mississippi car accident lawyers at Lunsford Baskin & Priebe offer a free and confidential consultation to learn about your car accident and to see if they can help you get justice. Contact the lawyers at Lunsford Baskin & Priebe today and speak to a lawyer about your case for free.

Source:

nhtsa.gov/risky-driving/drunk-driving

According to a NOLA.com report, Slidell resident Melissa Cannata, a 56-year-old woman, was traveling eastbound on Friday, January 5, in the evening on Interstate 12 when she rear-ended another vehicle. The vehicle that she rear-ended was a Honda Civic Sedan. Ms. Cannata was then rear-ended by an 18-wheeler truck, her vehicle was thrown from the highway, and hit a tree. Ms. Cannata was, unfortunately, not wearing safety restraints and was unrestrained during the fatal accident. Although Ms. Cannata was taken to the hospital by paramedics, she died on the way. Fortunately, the other drivers involved in the accident were uninjured. According to local authorities, Ms. Cannata was not impaired by alcohol or drugs at the time of the accident, and impairment was not a factor in the accident.

Driving Presents Risk of Injury and Death – What to Do if You are Involved in a Car Accident in Louisiana

Although reports do not indicate who was at fault in the tragic accident that led to Ms. Cannata’s death, there are options for victims of car accidents and their families when another driver’s negligence or recklessness causes injury or death to others on the road. Under Louisiana personal injury laws, individuals involved in car accidents through no fault of their own may be entitled to money damages for injuries suffered as a result of the accident. In addition, family members who have experienced the death of a loved one due to a car accident may have recourse under Louisiana wrongful death laws. It is important for Louisiana residents to contact a skilled and experienced Louisiana car accident lawyer in order to learn about their rights and options under Louisiana’s laws in the event of a tragic car accident.

Louisiana Car Accident Lawyers Fight for Car Accident Victims

If you or a loved one have been injured in a car accident in Louisiana, you may consider having an advocate by your side to fight for you. A skilled and experienced Louisiana car accident lawyer can help you understand your rights and options and represent you in your car accident case. The skilled and experienced car accident lawyers at Lunsford Baskin & Priebe are here to help and offer a free and confidential consultation. Contact Lunsford Baskin & Priebe today and speak to a lawyer about your rights and options for free.

Source:

nola.com/news/traffic/slidell-woman-dies-in-three-vehicle-crash-on-i-12-at-lacombe/article_ef34785e-8eaa-11ed-8bc1-d3cf2f2e6b6d.html

According to local reports, Velma Hendrix, incumbent mayor of Melville, Louisiana, and longtime Melville resident was killed on November 8, 2022. Mayor Hendrix was up for reelection in Melville that day, and the polls had just opened when she took a ride in a car with several other individuals. Mayor Hendrix is reported to have been riding in the backseat of a car in which four other people were traveling. Mayor Hendrix was, unfortunately, reported to not have been wearing a seatbelt. The accident occurred when the vehicle that Mayor Hendrix was traveling in traveled through an intersection, and a pickup truck that failed to stop at the intersection collided with it. Mayor Hendrix was taken to the hospital, but, ultimately, passed away from her injuries. The other occupants of the vehicle that Mayor Hendrix was traveling in were not seriously injured, nor was the driver of the pickup truck. The terrible car accident is still under investigation with local authorities. So far, an alcohol test of the pickup truck driver revealed that he was not impaired by drugs or alcohol at the time of the crash.

Legal Help for Car Accident Victims and Their Families in Louisiana

Under Louisiana laws, when a person is killed in a car accident due to another person’s negligence, certain family members of the deceased car accident victim may be entitled to monetary compensation. Wrongful death laws allow close family members to bring suit against a person or company who negligently caused the fatal car accident and their loved one’s death. If your loved one has been injured or killed in a car accident in Louisiana, it is best to chat with an experienced Louisiana car accident lawyer about your rights and options, and potential entitlement to compensation. The lawyers at Lunsford Baskin & Priebe offer a free and confidential consultation to learn about your or your family member’s car accident story, and to see if they can help. Contact the experienced Louisiana car accident lawyers at Lunsford Baskin & Priebe today for a free and confidential consultation with an experienced Louisiana personal injury lawyer.

Source:

cbsnews.com/news/velma-hendrix-melville-louisiana-mayor-killed-car-crash-midterm-election-2022/

Gulfport, Mississippi Car Accident Demonstrates Criminal and Civil Laws at Work

A recent case serves to illustrate the intersection of criminal law and civil law when it comes to automobile accidents in Mississippi. According to reports, in late September, 2022, a pair of individuals were arrested in Gulfport, Mississippi in connection with a fatal car accident involving a motorcycle and a white Lexus. The two individuals, residents of Gulfport, were alleged to have been involved in the accident and were the drivers of the white Lexus. After the deadly accident, both individuals were seen fleeing the scene of the accident, and officers found the empty white Lexus and pieces of a motorcycle scattered in the roadway. Witnesses told police that they saw the two suspects “walking away” from the Lexus after the accident. 39-year-old Stanley Wayne Asher was ultimately charged with accessory after the fact, and 46-year-old Dixie Tanner Sharp was charged with leaving the scene of an accident resulting in death. As of now, no further charges have been filed.

As the terrible Gulfport car accident case demonstrates, criminal charges may be brought against the perpetrators or alleged perpetrators of a car accident. But what about the family of the deceased motorcycle rider, if it turns out the accident was the fault of the individuals in the white Lexus? After investigation, even if the individuals driving the white Lexus are charged under Mississippi criminal laws, the family of the deceased motorcycle victim could still bring a lawsuit against the person or persons liable for the car accident for wrongful death under civil personal injury laws. In short, in a car accident where there is criminal liability, there may also be civil liability. Accordingly, the victims of a car accident may be able to bring a civil suit against the persons liable for the car accident, even if the persons who are liable are charged under criminal laws.

Initiating a Civil Personal Injury Lawsuit in Mississippi

If you or a family member have been injured in a car accident in Mississippi, the first thing you should do is contact an experienced Batesville personal injury lawyer. The experienced personal injury lawyers at the law offices of Lunsford, Baskin & Priebe offer a free and confidential consultation to listen to your side of the story and to see if they can help you with your car accident case. Contact the experienced Mississippi personal injury lawyers at Lunsford, Baskin & Priebe today to get started with your free and confidential consultation.

Source:

wlox.com/2022/09/19/police-woman-arrested-left-scene-fatal-gulfport-motorcycle-wreck/

In personal injury lawsuits, victims in car crashes can have their medical bills paid, along with costs for ongoing treatment for conditions that were created, or worsened, by the accident.

Let’s take a look at some of the common injuries a victim might face after being in a car crash.

Whiplash, Neck, and Back Injury

Whiplash is a neck injury that often occurs in car accidents. This injury happens when someone is jerked forward after being hit by another car, and then backwards by their seatbelt.

Symptoms of whiplash include neck pain and stiffness, headaches, and back pain. Whiplash may go away on its own, but may also require physical therapy for full recovery.

In addition to whiplash, people in car crashes may suffer from back and neck strains as a result of the forces acting on their bodies. Drivers may injure their shoulders by inadvertently bracing against the steering wheel.

Anybody in a car at the time of an accident may have spinal cord injuries. These injuries can be extremely serious and take a long time to recover from.

Concussion and other Traumatic Brain Injury

Traumatic Brain Injuries (TBI) can happen when someone receives a head injury. Concussions are one type of TBI, and occur when the brain moves around after a blow to the head.

Symptoms of brain injury include confusion, dizziness, amnesia, nausea, difficulty sleeping, and sensitivity to light or noise.

People who hit their heads in car accidents should receive immediate medical attention to prevent serious injury or even death, even if the injury seemed small.

Cuts, Scrapes, Road Rash, and Bruises

Car crashes can lead to broken glass and exposed metal. It’s not uncommon for car accident survivors to be covered in cuts after a window breaks, including on their face. Some of these cuts can be serious and may require stitches.

Car accident victims may also be expelled from the vehicle after the crash, and suffer from serious road rash scrapes that require medical attention.

Many people in car accidents also end up with bruises, including where their seatbelt was laying. These bruises can be painful and take time to heal.

Emotional damages

Finally, surviving a car crash can lead to emotional distress including nightmares, depression, and even fear of getting back in a car. This type of mental distress can take much longer to heal than physical injuries. Treatment for emotional distress is an important aspect of recovering from car accidents.

Working with a Mississippi car accident lawyer

If you’re recovering from a car accident, your primary focus should be on getting better, not your financial situation. Hiring an experienced Mississippi car accident attorney can give you the peace of mind to know that your case is in good hands. Contact us today for a free case consultation.

Source:

webmd.com/pain-management/guide/pain-management-whiplash

cdc.gov/headsup/basics/concussion_whatis.html

While the danger may have decreased during the pandemic due to fewer drivers on the road, the majority of people are back at work now, and traffic has returned to its pre-pandemic state. However, these bad habits have remained among Mississippi drivers, leading to a sharp increase in driver fatalities. 

In this blog, we discuss the most common reasons for fatal car accidents in Mississippi, as well as the 10 worst states in the country for driver fatalities.

Common Causes of Car Accidents in Mississippi

Mississippi has gained a reputation for being one of the most dangerous states to drive in, and there’s a reason for that. According to a study conducted by the NHTSA, Mississippi has the highest rate of fatal car accidents per capita in the country. Why is this number so high? Some of the most common causes of Mississippi car accidents include:

Unsafe Driving Conditions

An analysis of crash data by the NHTSA showed that high accident rates in Mississippi were due to poor driving conditions. For the past five years, the American Society of Civil Engineers rated a quarter of all state highways either “poor” or “fair”.

Driving Under the Influence

Accidents related to alcohol are the third-leading cause of traffic fatalities in the whole country, so Mississippi is not alone in this regard.

Poorly-Maintained Vehicles

Unfortunately, many vehicles on Mississippi roads still do not have seatbelts installed, creating a problem in and of itself. Data suggests that the reason Mississippi driving habits are widely considered the worst is because of poorly maintained vehicles.

Distracted Driving

It is a very human mistake to get distracted while driving. Drivers face many different distractions behind the wheel, and it only makes sense that something on the road or in your vehicle might cause you to become distracted. However, drivers must remain vigilant and focus on the road at all times to keep themselves and others safe.

The 10 Worst States for Fatalities 

If you are driving in any of the following states, it’s best to remain alert at all times and be prepared for the worst. Many of the following states are frequently featured on worst driver lists year over year. The stats below are based on fatal crashes vs. the population size.

#10 – Oklahoma – 15.6 annual fatal crashes between 2016 and 2018 for every 100,000 people
#9 – Florida – 8,775 fatal accidents between 2016 to 2018
#8 – West Virginia – 795 fatal accidents between 2016 to 2018
#7 – New Mexico – 1,052 fatal accidents from 2016 to 2018
#6 – Alabama – 2,719 fatal crashes from 2016 to 1018
#5 – Kentucky – 2,148 fatal accidents between 2016 and 2018
#4 – Arkansas – 1,462 fatal accidents between 2016 and 2018
#3 -Louisiana – 2,125 fatal crashes between 2016 and 2018
#2 – South Carolina – 2,836 fatal accidents between 2016 and 2018

#1 – Mississippi – 1,831 fatal crashes between 2016 and 2018

Contact a Mississippi Car Accident Lawyer Today!

Car accidents can happen at any time and can put a heavy burden on you during a time when you need rest and recovery. You shouldn’t have to worry about your finances while you recover from an injury, so let us help you. We have the experience needed and we want you to receive the compensation you deserve.

For expert personal injury support in Mississippi, contact Lunsford, Baskin, and Priebe, PLLC. Our attorneys specialize in Mississippi personal injury cases, and we have years of experience helping Mississippians receive the compensation they deserved after a car accident. Call our office at 601-488-3975, or schedule a free case evaluation by clicking here.

Though many states have implemented distracted driving laws to curb the number of accidents, distracted driving remains one of the most common causes of motor vehicle collisions. And this, in large part, is due to the use of cell phones and texting while driving. 

Mississippi does have a specific law that targets the use of a cell phone while driving. Unfortunately, not everyone takes this law seriously, especially younger drivers. And the consequences of a distracted driving accident can be severe, resulting in serious damages and injuries. 

If you are involved in a distracted driving accident, let our team of experienced Mississippi car accident lawyers assist you. We understand how devastating the aftermath of a distracted driving accident can be and are dedicated to offering compassionate service and ensuring our clients get the settlement they deserve. 

Mississippi Distracted Driving Law

In Mississippi alone, over 600 deaths occur each year on average as a result of car accidents, many of which are caused by distracted driving. This is why it is crucial for drivers to fully understand and respect the law where distracted driving is concerned to help mitigate the risk of these accidents in the future. 

According to most states, distracted driving is considered any activity that takes a person’s focus off of the road and driving. This, of course, is still somewhat of a broad definition, which is why Mississippi further breaks it down into three main types of distractions while driving. 

Three Types of Distracted Driving

The distinct types of distracted driving include:

• Manual distractions: Any act that causes a driver to take their hands off of the wheel.

• Visual distractions: Any act that causes a driver to take their eyes off of the road.

• Cognitive distractions: Any act that causes a driver to take their mind off of the task of driving. 

Beyond listing the three types of distractions, Mississippi distracted driving law also specifically refers to the use of cell phones. While you can make or receive a call while driving in Mississippi, you cannot use a cell phone or other portable device to:

• Write, read, or send a text message or an email
• Access, read, or post on social media

There are, however, exceptions to this law. You can use a cell phone or other device for:

• Hands-free voice operation
• Accessing emergency, traffic, or weather alerts
• Messaging related to the operation of the vehicle

Examples of Distracted Driving

Below are just a few of the many kinds of distractions that could result in an accident:

• Handling a cell phone to make or receive a call
• Sending or reading an email or text message
• Messing with a GPS device or GPS app on a phone
• Eating and drinking
• Talking with and looking at passengers
• Looking or reaching into the backseat to deal with children or pets
• Messing with the radio
• Personal grooming in the mirror
• Reaching for something in the car
• Daydreaming or zoning out

Distracted Driving Enforcement

When it comes to distracted driving, there are generally two types of enforcement for someone who breaks the law:

Primary Enforcement. This type of enforcement means that a police officer can pull you over if they see you violating the distracted driving law. 

Secondary Enforcement. This type of enforcement means that a police officer can only cite you for distracted driving if you were first breaking another law that caused them to pull you over. 

Mississippi follows primary enforcement regarding distracted driving. So if an officer sees that you are committing an act of distraction, such as texting while driving, they can pull you over and cite you without any other cause. 

Mississippi Distracted Driving Fines

The fines and penalties for distracted driving in Mississippi can vary depending on the exact circumstances and who was committing the offense. 

• $100 fine for adult drivers
• Up to a $500 fine for minors and drivers with a learners permit
• Up to $500 for bus drivers
• Up to $1,000 if injuries result from the distracted driving

Texting and driving can also lead to a reckless driving conviction or vehicular manslaughter charges if the distracted driving results in the death of another person. 

Distracted Driving Facts 

Below are some of the most recent distracted driving statistics:

• On average, nine people are killed every day in the U.S. due to distracted driving.
• 1 in 5 people who are killed in distracted driving accidents are pedestrians or bicyclists.
• Texting while driving is 23 times more likely to result in an accident than driving while not distracted.
• Drivers who text and drive are unaware of up to 50% of their driving environment and surroundings.
• Sending or reading a text message while traveling at 55 MPH is like driving the length of a football field with your eyes closed.
• Teen drivers ages 15 to 20 are more likely to drive distracted than those 21 and older. 
• 39% of high school students admit to texting or emailing while driving.
• Multitasking while driving increases your chances of causing an accident.

Tips to Stay Distraction-Free While Driving

With so much evidence pointing to the dangers of distracted driving, it is clear that drivers must take more precautions, remain alert, and keep their hands on the wheel to avoid causing a severe accident. Distracted driving accidents often end in fatalities, so it is crucial to obey Mississippi distracted driving laws to avoid putting lives unnecessarily at risk. 

The Mississippi Department of Health offers these tips to help keep drivers safe:

• Develop a habit of turning your phone off when you get in the car or put it in the trunk or somewhere out of reach to avoid temptation. 
• Record a voicemail greeting or automatic text reply that lets others know you are driving and will return their call or message as soon as possible. 
• Avoid using cell phones at all costs, even hands-free operations. If an emergency call or message is necessary, pull over to a safe area first. 
• If available, have a passenger use the phone for you. 
• If you need to use your phone while on the road, have someone else drive. 

Connect with an Experienced Mississippi Personal Injury Attorney

If you or a loved one has been injured due to the negligence of a distracted driver, we can help bring you peace of mind and ensure you receive the compensation you deserve. For a free consultation with an experienced Mississippi distracted driving accident attorney, contact Lunsford, Baskin, and Priebe, PLLC. After-hours visits are available. 

When most people are in a car accident, they generally only consider how they will afford their medical bills or car repairs—things that are considered economic damages in a personal injury case. But there are also non-economic damages, which are more intangible and without a distinct monetary value—such as emotional distress—that an injured victim is also entitled to. 

In many cases, the emotional pain and distress that a person suffers from after a car accident can be even worse than the economic damages and physical injuries. Car damage can be repaired and physical injuries will heal with time, but emotional trauma can last long after the accident. In some cases, car accidents victims can experience emotional distress and symptoms of PTSD for the rest of their life. 

Thus it is essential for injured victims to prove the extent of their emotional distress to ensure they get the compensation they deserve for their ongoing pain and suffering. Unfortunately, proving emotional distress is not as easy as proving other economic damages since a person’s emotional suffering cannot easily be calculated. 

If you are suffering emotionally after a car accident, one of our experienced Mississippi personal injury lawyers can assist you. We understand that the emotional toll an accident can have on a person’s life is often more devastating than the physical damages. We are dedicated to helping those suffering prove emotional distress to ensure they get the compensation they deserve. 

What is Emotional Distress?

Emotional distress or anguish can vary from one person to the next. Everyone reacts differently to being in a car accident. However, generally, the more severe the accident, the more severe the emotional distress and trauma will be. 

Some common emotional distress examples and symptoms include:

• Depression
• Feelings of detachment
• Extreme feelings of sadness or anger
• Emotional outbursts
• Mood swings
• Anxiety
• Misplaced guilt
• Fear
• Shame
• Insomnia
• Nightmares and flashbacks
• Avoidance of things that remind you of the accident

How Can I Prove Emotional Distress After a Mississippi Car Accident?

If you’re wondering how to prove emotional distress after a Mississippi car accident, the most simple answer is to document as much of your emotional pain and suffering in your daily life as much as possible. The more evidence you can provide of your suffering, the more likely you are to get the full amount of compensation you deserve. 

Factors that can play a role in recovering emotional distress damages include:

• The duration of your emotional suffering
• How severe your symptoms are
• How much your symptoms have affected your quality of life
• How bad the accident was

Steps you can take to help prove the above to the insurance company or the court should you decide to file an emotional distress lawsuit include:

1. Keep a Journal 

Even if you don’t think you are suffering emotionally, it’s beneficial to keep a journal of your thoughts and day-to-day life after the accident. This can help you recognize when the symptoms start, what triggers them, how long they last, and how severely they are impacting your life—all information that is needed to prove emotional distress in a personal injury case. So make note of everything and anything you can think of that might indicate you are suffering emotionally. 

2. Talk to Your Doctor or a Therapist

Your doctor can help you identify signs of emotional distress and they can testify for you if needed to prove that you are suffering. They can also refer you to a specialist who can help you, such as a counselor or a therapist. Seeking out help from a specialist is proof itself that you are suffering and trying to heal from emotional trauma. 

3. Keep Copies of All Documents

You will also want to hold on to any physical evidence of your suffering to provide as further evidence. This can include prescription medications, medical bills and receipts, and any other documents discussing your condition and your recommended treatments. 

How is Emotional Distress Calculated?

Because emotional distress is not something that can easily be represented in numbers, it is not easy to calculate. However, there are generally two methods that can be used, including:

• The multiplier method: Using this method, you will be assigned a rating based on your condition. That number will then be multiplied by the amount you are awarded for your economic damages (medical bills, lost wages, property damage, etc.). The rating scale typically ranges from 1 to 3 but can go up to 5 in some cases. So, for example, if you are given a rating of 3, and you are awarded $50,000 in economic damages, you will receive $150,000 for your emotional pain and suffering. 

• The per diem method: With this method, you will be assigned an estimated daily rate based on your pain and suffering. That rate will then be awarded for all the days you are expected to suffer. So if you are assigned a daily rate of $200, and your emotional distress lasts for two years, you would receive a total of $146,000 ($200 x 730 days). 

These methods are not foolproof, however, which is why you need to document as much of your emotional distress as possible and gather as much evidence as you can to prove the extent of your suffering. 

Can You Sue for Emotional Distress in Mississippi?

If you are interested in suing for emotional distress, it is an option, but it will not be easy. Generally, courts prefer if you can come to a settlement agreement with the insurance company involved. However, if the money you initially receive from filing a personal injury claim is not enough to compensate you for your suffering, you can pursue legal action against the guilty party. 

Filing a lawsuit is not an easy process, and you will need the help of a professional attorney to assist you. Also, keep in mind that every state puts a cap on the amount of money they can receive for damages. In Mississippi, the cap for non-economic damages, such as emotional distress, is $1,000,000. 

So if you have already received close to that amount in a settlement for your personal injury claim, you likely won’t get much more by filing a lawsuit. Still, it is an option if needed.

Connect with an Experienced Mississippi Personal Injury Attorney

At Lunsford, Baskin, & Priebe, PLLC, we are dedicated to helping our clients get the full amount they deserve for all they have suffered. We can walk you through every step of the personal injury claim process, and if the amount you receive is not enough, we can then help you file a lawsuit if desired. No matter the case or situation, we help each and every client to the best of our abilities. 

If you have questions or concerns about how to prove emotional distress, contact one of our experienced Mississippi personal injury attorneys today. After-hours visits are available.