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Date: 12-20-2023

Case Style:

Amber Cooley and Grant Cooley v. Zachary James Riviera

Case Number: 1:23-cv-00186

Judge: Halil S. Ozerden

Court: United States District Court for the Southern District of Mississippi (Forest County)

Plaintiff's Attorney:



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Defendant's Attorney: Hattiesburg, Mississippi insurance defense lawyer represented the Defendant.

Description: Hattiesburg, Mississippi personal injury lawyer represented the Plaintiffs who sued the Defendant on auto negligence negligence theories.

Mississippi auto negligence law can be complex, but I can help you understand the key principles and potential legal options. Here's a breakdown:

Duty of care: All drivers in Mississippi have a legal duty to act with reasonable care to avoid foreseeable harm to others. This includes:

Following traffic laws and regulations.
Maintaining a safe speed for the road and weather conditions.
Paying attention to the road and avoiding distractions.
Yielding the right of way to other vehicles and pedestrians.

Breach of duty: For a successful negligence claim, you must prove the other driver breached their duty of care. This could involve:

Speeding, reckless driving, or driving under the influence.
Disobeying traffic signals or signs.
Failing to yield the right of way.
Distracted driving (e.g., texting, eating).
Maintaining a vehicle in unsafe condition (e.g., faulty brakes, worn tires).

Proximate cause: The breach of duty must be the direct cause of your injury. In simpler terms, your accident wouldn't have happened but for the other driver's negligence.

Damages: If you can prove both breach of duty and proximate cause, you may be entitled to compensation for your losses, including:

Medical expenses
Lost wages
Pain and suffering
Emotional distress
Property damage

Unique aspects of Mississippi law:

Pure comparative negligence: Mississippi follows a pure comparative negligence system. This means you can recover damages even if you were partially at fault, but your recoverable damages will be reduced by your percentage of fault.
Minimum insurance requirements: Mississippi requires all drivers to carry minimum amounts of liability insurance to cover other people's injuries and property damage.
Two-year statute of limitations: You generally have two years from the date of your accident to file a personal injury lawsuit in Mississippi.

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Outcome: Settled for an undisclosed sum and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

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