Facing the aftermath of a Madison personal injury can be daunting, but you don’t have to navigate this challenging time alone. At Hearn Law Firm, we are known for our prowess in personal injury law and provide the dedicated and compassionate legal representation needed to those who have been wronged. Our firm is committed to fighting for the rights of our clients so that they receive the compensation and justice they deserve. With an understanding of the complexities of personal injury cases, from auto accidents to workplace injuries, we are here to offer the support and guidance you need to secure a favorable outcome. Trust in Hearn Law Firm to advocate on your behalf so you can focus on your recovery while we handle the legal aftermath. Contact our Madison personal injury lawyers today for your free consultation.
Why Hearn Law Firm Should Be Your Choice in a Madison Personal Injury Claim
Choosing Hearn Law Firm to represent you in your Madison personal injury claim brings multiple advantages, including:
- Experience in Personal Injury Claims: Philip C. Hearn and the rest of the team brings over twenty-five (25) years of experience handling personal injury cases in Mississippi. We know how to use the laws that apply to your claims in a way that benefits you.
- Personalized Attention: At Hearn Law Firm, we believe that every client deserves personalized attention. Your case will be treated with the individual focus it requires.
- Proven Track Record: Our firm has a proven track record of securing favorable outcomes for our clients, including substantial settlements and verdicts. We are committed to achieving the best possible results for those we represent.
- No Upfront Costs: Our services are offered on a contingency fee basis, meaning you pay no upfront fees. Our payment is contingent on winning your case which aligns our success with yours.
How A Lawyer Assists in a Madison Personal Injury Claim
A Madison personal injury lawyer plays a crucial role in dealing with the legal process of a Madison personal injury claim. Here’s how our team of lawyers will assist you: Here’s how a lawyer can assist you:
- Knowledge of Personal Injury Laws: Our team brings an in-depth knowledge of personal injury laws that apply in Missouri, including statutes of limitations, comparative negligence rules, and compensation entitlements.
- Investigation and Evidence Collection: Our lawyers will conduct the discovery process to collect the evidence you need to prove your claim, including accident reports, medical records, witness statements, and photographic or video evidence.
- Evaluating the Damages: Based on the facts of your claim, we will use an objective eye to determine the full extent of your damages—including medical expenses, lost wages, future care costs, and non-economic damages like pain and suffering.
- Dealing with Insurance Companies: Insurance companies inherently can be challenging and try to low-ball you to settle your claim. We know the tactics to look out for and will not let the opposing push you around. If needed, we will take your case all the way to court to get you what you deserve.
Comparative Negligence in Madison Personal Injury Claims
Madison follows a pure comparative negligence system as outlined in Mississippi Code Ann. § 11-7-15:
“In all actions hereafter brought for personal injuries, or where such injuries have resulted in death, or for injury to property, the fact that the person injured, or the owner of the property, or person having control over the property may have been guilty of contributory negligence shall not bar a recovery, but damages shall be diminished by the jury in proportion to the amount of negligence attributable to the person injured, or the owner of the property, or the person having control over the property.”
What this means is that if you contributed to the accident, you may have your recovery reduced depending upon the amount of fault attributed to your actions. Imagine you were involved in a car accident at an intersection where you were speeding, but the other driver ran a red light, leading to the collision. In the lawsuit that follows, the court determines that your speeding contributed 30% to the accident, while the other driver’s failure to stop at the red light contributed 70%. In this scenario, if the total damages from the accident amount to $100,000, your compensation would be adjusted based on your percentage of fault. Therefore, your recovery would be reduced by 30% (your share of the fault), and you would be eligible to receive 70% of the total damages, amounting to $70,000.
Common Types of Madison Personal Injury Claims
Madison personal injury claims can cover a wide variety of incidents where individuals are harmed due to the negligence of others. Here are some common types of personal injury claims we see at Hearn Law:
- Car Accidents: One of the most frequent causes of personal injury claims, car accidents occur due to reckless driving, DUI, speeding, and failing to adhere to traffic laws. Victims can seek compensation for medical expenses, lost wages, and other damages resulting from the crash.
- Truck Accidents: Given their size and weight, accidents involving commercial trucks or semis can lead to severe injuries. Claims often involve navigating complex regulations governing the trucking industry.
- Motorcycle Accidents: Motorcyclists are particularly vulnerable on the road. Accidents often result from drivers failing to notice motorcycles.
- Slip and Fall Accidents: Property owners have a duty to ensure their premises are safe for visitors. Slip and fall claims arise when individuals are injured due to hazardous conditions, such as wet floors or uneven surfaces, on someone else’s property.
- Medical Malpractice: These claims involve injuries due to medical professionals’ errors, such as misdiagnosis, surgical errors, medication mistakes, or failure to treat a condition properly. Victims seek compensation for additional medical treatment, pain, and suffering.
- Wrongful Death: Families of individuals who die due to someone else’s negligence can file wrongful death claims. These seek compensation for funeral expenses, loss of income, loss of companionship, and other damages.
Elements of Negligence in a Madison Personal Injury Claim
In Madison, a personal injury claim usually hinges on proving negligence. Negligence is defined through four key elements: duty, breach of duty, causation, and damages.
- Duty of Care: The defendant owed a duty of care to the plaintiff. For example, a driver has a duty to follow traffic laws and drive safely to avoid harming others on the road.
- Breach of Duty: The defendant breached that duty through action or inaction. In this example, the driver may have been texting while driving, ignoring the duty to remain attentive and abide by traffic laws and therefore breaching the duty of care.
- Causation: The defendant’s breach of duty caused the plaintiff’s injuries. So, because the driver was distracted by texting, they ran a red light and collided with another vehicle, directly causing injuries to the plaintiff in the other car. The test is known as the “but-for” test (i.e., but for the driver’s distraction, they would not have run a red light).
- Damages: The plaintiff suffered damages as a result of the defendant’s actions. In this example, The plaintiff sustained a broken leg and significant medical expenses due to the accident, along with lost wages from being unable to work during recovery.
In this example, all four elements of negligence are present, forming the basis for a strong personal injury claim. The driver’s breach of duty by texting while driving directly led to the accident and the plaintiff’s injuries, resulting in measurable damages.
Contact Our Madison Personal Injury Attorney Today
If you or a loved one have suffered an injury due to someone else’s negligence, Hearn Law Firm is here to provide you with the legal support and guidance you need. With extensive experience in personal injury law, we understand the challenges you’re facing and are prepared to tackle them head-on. Whether it’s gathering evidence, negotiating with insurance companies, or representing you in court, our focus is on securing the best possible outcome for your case.
We operate on a contingency fee basis, meaning you won’t owe us anything unless we win your case. Take the first step towards recovery and justice by contacting Hearn Law Firm today. Let our Madison personal injury attorneys help you navigate this difficult time with the experience, compassion, and dedication you deserve. Reach out to schedule a consultation today and learn more about how we can assist you.