Monthly Archives: August 2023

How Pre-existing Conditions Can Impact Your Accident Claim in Mississippi

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Pre-existing conditions refer to injuries, illnesses, or other medical conditions that a person had prior to a new accident or incident. These conditions can play a significant role in accident claims, often complicating matters and serving as points of contention. Here’s how they can impact your claim and what you should know:

The “Eggshell Plaintiff” Doctrine

The legal world often uses the term “eggshell plaintiff” to describe a situation where a person is already in a fragile state due to a pre-existing condition. The principle is that negligent parties must “take their victims as they find them.” In essence, just because someone was already vulnerable doesn’t mean the responsible party can escape liability if they exacerbate or aggravate that pre-existing condition.

2. Insurance Company Tactics

– Claims of Non-liability: Insurance companies might argue that the injuries for which a claimant seeks compensation are not a result of the recent accident but are instead due to a pre-existing condition.

– Reduced Compensation: The insurance adjuster might acknowledge the new injury but could argue that the damages should be less because the claimant was already suffering from a prior condition.

3. Demonstrating Aggravation of Pre-existing Conditions

The key is to demonstrate that the accident either aggravated a pre-existing condition or caused additional injuries. Medical documentation is pivotal here.

– Medical Records: A thorough review of medical records both before and after the accident can show how the incident impacted the pre-existing condition.

– Doctor’s Testimony: A physician can provide expert testimony explaining how the accident aggravated the pre-existing condition or caused new injuries.

4. The Importance of Full Disclosure

– Avoid Surprises: It’s essential to disclose any pre-existing conditions to your attorney from the outset. This way, they’re equipped to handle any arguments the insurance company might raise and aren’t caught off guard.

– Build Trust: Being upfront about pre-existing conditions helps establish credibility. If a court or the insurance company discovers undisclosed information, it can undermine your claim.

5. Comparative Analysis

A detailed analysis comparing your health status before and after the accident can be instrumental. This can include:

– Pain Diaries: Documenting daily pain levels, types of pain, and how they interfere with daily activities can help demonstrate the accident’s impact.

– Functional Impact: Illustrate how your functionality has changed post-accident, especially if the pre-existing condition was stable or manageable before the incident.

6. Considering the Jurisdiction

Laws and how courts treat pre-existing conditions can vary based on jurisdiction. Some jurisdictions may be more favorable to plaintiffs with pre-existing conditions, while others might be more stringent.

Pre-existing conditions undoubtedly add a layer of complexity to accident claims. However, with meticulous documentation, expert medical opinions, and a skilled attorney, claimants can navigate these challenges. It’s essential to remember that exacerbating an existing condition is a legitimate injury, and claimants should be fairly compensated for any additional pain, suffering, or loss of function stemming from a new incident.

If you have more questions or need expert assistance, consider reaching out to our experienced Mississippi car accident lawyer who can provide guidance tailored to your specific situation.

Don’t hesitate to call us today at (601) 969-2709 to receive your free consultation. We will evaluate your case and determine the best course of action to help you recover from your injuries and get your life back on track. We understand how difficult it can be to deal with the aftermath of an accident in Mississippi, and we are here to help. Call us today to speak with Attorney Bill Kellum and take the first step towards justice.

Kellum Law Firm, P.C.
1438 North State St.
Jackson, MS 39202
(601) 969-2709
DIRECTIONS

Kellum Law Firm, P.C.
617 Market St.
Port Gibson, MS 39150
(601) 590-9000
DIRECTIONS

Choosing the Right Personal Injury Lawyer in Mississippi: A Step-by-Step Guide

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When you’re dealing with the aftermath of an accident, whether it’s a car crash, workplace incident, or another type of mishap that’s left you injured and in need of legal assistance, choosing the right personal injury lawyer is crucial. The right lawyer can make the difference between a successful claim and a frustrating experience. Here are the steps to follow to find the best fit for your case in Mississippi:

1. Start with Referrals

Ask friends, family members, or coworkers if they have had a positive experience with a personal injury lawyer. Referrals provide you with trusted first-hand insights and can be a solid starting point.

2. Research Their Reputation

Online reviews and testimonials can offer a snapshot of past clients’ experiences. However, be wary of overly negative or overwhelmingly positive reviews. Look for patterns in the feedback, such as consistent communication, strong advocacy, or successful case outcomes.

3. Check Their Expertise

Personal injury law covers a wide range of cases, from car accidents to medical malpractice. Ensure the lawyer you’re considering specializes in the type of case you’re dealing with. A lawyer with relevant experience will be more likely to navigate the complexities of your specific case successfully.

4. Confirm Their Credentials

Verify that the lawyer is licensed to practice in Mississippi and that they’re in good standing with the Mississippi State Bar. Also, check for any disciplinary actions against them.

5. Schedule a Consultation

Most personal injury lawyers offer free initial consultations. Use this opportunity to discuss your case, ask questions, and assess their competence and communication style. You should leave the consultation with a clearer understanding of your case and your legal options.

6. Assess Their Communication Skills

Effective communication is key in any attorney-client relationship. Your lawyer should be responsive, transparent, and able to explain complex legal concepts in a way you understand. You should feel comfortable asking questions and expressing your concerns.

7. Review Their Track Record

Experience counts, but a track record of successful outcomes is even more telling. Ask about the outcomes of similar cases they’ve handled, the settlements they’ve achieved, and their experience in the courtroom, if your case goes to trial.

8. Understand Their Fee Structure

Personal injury lawyers typically work on a contingency fee basis, meaning they only get paid if you win your case. Make sure you understand the percentage they’ll take and any additional costs involved, like court fees or expert witness fees.

9. Trust Your Instincts

Finally, trust your gut feeling. You’ll be working closely with your lawyer throughout the case, so it’s important to feel comfortable and confident in their abilities.

Choosing the right personal injury lawyer for your case in Mississippi can be a decisive factor in the outcome of your claim. By following these steps, you’ll be better equipped to find an attorney who’s not only qualified but also a good match for your specific needs and preferences.

If you have more questions or need expert assistance, consider reaching out to our experienced Mississippi car accident lawyer who can provide guidance tailored to your specific situation.

Don’t hesitate to call us today at (601) 969-2709 to receive your free consultation. We will evaluate your case and determine the best course of action to help you recover from your injuries and get your life back on track. We understand how difficult it can be to deal with the aftermath of an accident in Mississippi, and we are here to help. Call us today to speak with Attorney Bill Kellum and take the first step towards justice.

Kellum Law Firm, P.C.
1438 North State St.
Jackson, MS 39202
(601) 969-2709
DIRECTIONS

Kellum Law Firm, P.C.
617 Market St.
Port Gibson, MS 39150
(601) 590-9000
DIRECTIONS

Determining the Value of Your Personal Injury Claim in Mississippi: Key Factors to Consider

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Accidents are an unfortunate reality on the roads of Mississippi. For many, the aftermath of a collision is not just about vehicle repairs, but also coping with physical injuries, emotional trauma, and the subsequent financial strain. One of the pressing questions for victims is, “How much is my personal injury claim worth?” Understanding the factors that influence the value of your claim is crucial. Here, we’ll delve into the key determinants of a personal injury claim’s worth in Mississippi.

The Severity of Injuries

The extent and nature of the injuries sustained play a pivotal role in determining the value of a claim. Generally, more severe injuries, like traumatic brain injuries or spinal cord damage, command higher compensation due to the increased medical costs and potential lifelong impact.

Medical Expenses

Compensation usually covers past, current, and future medical bills related to the injury. This includes emergency care, surgeries, rehabilitation, prescription medications, and any other medical services you’ve needed or will need.

Lost Wages and Loss of Earning Capacity

If your injuries forced you to take time off work or impaired your ability to earn in the future, you could be compensated for these financial losses. Proving these losses might require employment records, expert testimony, or other documentation.

Pain and Suffering

Mississippi law allows for compensation for physical pain and emotional distress caused by an accident. Calculating pain and suffering is more subjective and can be influenced by the severity of the injury, the recovery time, and the overall impact on one’s quality of life.

Property Damage

If personal property (like your vehicle) was damaged in the accident, the cost of repairs or replacement can be factored into the claim.

Comparative Fault

Mississippi operates under a pure comparative negligence system. This means that if you’re found to be partially at fault for the accident, your compensation could be reduced proportionally. For instance, if you’re deemed 20% responsible, your total compensation would be reduced by 20%.

The Credibility of Witnesses and Documentation

Solid evidence, credible witnesses, and expert testimonies can significantly influence the value of your claim. The more robust your case in terms of evidence, the more likely it is that you’ll secure a fair compensation.

The Defendant’s Assets and Insurance

Realistically, the defendant’s insurance limits and assets can influence the amount you receive. If they have minimal insurance coverage or assets, it might be challenging to secure a large settlement, even if your claim warrants it.

Your Legal Representation

Having a skilled Mississippi car accident lawyer can be instrumental in ensuring you receive fair compensation. An experienced attorney can accurately assess the value of your claim, negotiate effectively with insurance companies, and advocate for your rights in court if necessary.

While each personal injury claim is unique, being aware of the factors that influence its value can give you a clearer picture of what to expect. If you’ve been injured in a car accident in Mississippi, seeking guidance from a knowledgeable car accident lawyer is paramount. They can provide personalized insights into your claim’s potential worth and guide you through the complexities of the legal process.

If you have more questions or need expert assistance, consider reaching out to our experienced Mississippi car accident lawyer who can provide guidance tailored to your specific situation.

Don’t hesitate to call us today at (601) 969-2709 to receive your free consultation. We will evaluate your case and determine the best course of action to help you recover from your injuries and get your life back on track. We understand how difficult it can be to deal with the aftermath of an accident in Mississippi, and we are here to help. Call us today to speak with Attorney Bill Kellum and take the first step towards justice.

Kellum Law Firm, P.C.
1438 North State St.
Jackson, MS 39202
(601) 969-2709
DIRECTIONS

Kellum Law Firm, P.C.
617 Market St.
Port Gibson, MS 39150
(601) 590-9000
DIRECTIONS

The Importance of Seeking Medical Attention Immediately After a Car Accident in Mississippi

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Car accidents can be jarring experiences, both physically and emotionally. Amidst the immediate shock and stress, it might be tempting to brush off any discomfort or pain, thinking it’s just the adrenaline or assuming it’s a minor issue that will resolve on its own. However, prioritizing immediate medical attention, even if you feel relatively fine, is crucial. Here’s why seeking medical care right after a car accident in Mississippi is so vital:

Hidden Injuries Can be Deceptive

Many car accident injuries, such as traumatic brain injuries, internal bleeding, or soft tissue injuries, may not show immediate symptoms. These injuries can be serious or even life-threatening and may only become evident hours or days after the collision. By seeking medical attention promptly, doctors can identify and treat these potential issues before they worsen.

Documentation is Key for Legal Proceedings

From a legal perspective, immediate medical attention means immediate medical documentation. Medical records serve as vital evidence, proving the injuries sustained from the accident. A gap between the accident date and the medical treatment date can provide insurance companies an opportunity to argue that your injuries were not a direct result of the accident.

Protecting Your Health

Car accidents can lead to a rush of adrenaline, which can temporarily mask pain and injuries. This natural response can give a false sense of well-being. By seeing a doctor, you ensure that you’re not overlooking any injuries that could cause long-term health complications.

Safeguarding Your Rights to Compensation

Mississippi operates under the “at-fault” system, meaning the person responsible for the accident should compensate the injured parties. If you delay or neglect medical care, it might be argued that you didn’t take the necessary steps to mitigate your injuries. This can potentially reduce the compensation you might be entitled to.

Establishing a Medical Timeline

Having a clear and immediate medical timeline established can make a difference in personal injury claims. This timeline provides a straightforward link between the accident and any resultant medical conditions or complications. A disrupted or delayed timeline can cloud the clarity of your claim.

Peace of Mind

Last but not least, knowing you’ve been checked by a medical professional and have taken all the necessary precautions provides peace of mind. It’s one less thing to worry about as you navigate the aftermath of the accident.

While the aftermath of a car accident can be overwhelming, it’s imperative not to overlook your well-being. Prioritizing immediate medical care not only ensures your health and safety but also strengthens any potential legal claims you might pursue. If you or a loved one has been involved in a car accident in Mississippi, apart from seeking medical attention, consider consulting with an experienced car accident attorney to protect your rights and guide you through the subsequent legal processes.

If you have more questions or need expert assistance, consider reaching out to our experienced Mississippi car accident lawyer who can provide guidance tailored to your specific situation.

Don’t hesitate to call us today at (601) 969-2709 to receive your free consultation. We will evaluate your case and determine the best course of action to help you recover from your injuries and get your life back on track. We understand how difficult it can be to deal with the aftermath of an accident in Mississippi, and we are here to help. Call us today to speak with Attorney Bill Kellum and take the first step towards justice.

Kellum Law Firm, P.C.
1438 North State St.
Jackson, MS 39202
(601) 969-2709
DIRECTIONS

Kellum Law Firm, P.C.
617 Market St.
Port Gibson, MS 39150
(601) 590-9000
DIRECTIONS

Navigating the Insurance Claim Process After a Car Accident in Mississippi

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If you’ve been involved in a car accident in Mississippi, the aftermath can feel overwhelming. Along with the immediate concerns of physical well-being, the looming specter of dealing with insurance companies can add an extra layer of stress. Understanding the insurance claim process can help demystify the journey ahead, and arm you with the information you need to protect your rights and interests. Here’s a step-by-step guide to help you navigate this often-complicated terrain.

1. Immediate Action at the Scene

  • Safety First: Ensure that everyone involved is safe. If there are injuries, call for medical help immediately.
  • Report the Accident: In Mississippi, it’s generally required to report any accident that results in injury, death, or property damage over $500. Call the local police or sheriff’s department.
  • Gather Information: Collect details from all parties involved, including names, addresses, phone numbers, insurance information, and license plate numbers. Take photos of the scene, damages, and any injuries if possible.

2. Report the Accident to Your Insurance Company
Notify your insurance company about the accident as soon as possible, even if you weren’t at fault. They’ll provide instructions on the next steps and what documentation they might require.

3. Understand Your Coverage
Before proceeding, familiarize yourself with your insurance policy. Understand your coverages, limits, and deductibles. Key elements to look for include:

  • Liability Coverage: Covers damages if you’re at fault.
  • Collision Coverage**: Pays for damage to your vehicle, regardless of fault.
  • Uninsured/Underinsured Motorist Coverage**: Kicks in if the other driver doesn’t have insurance or doesn’t have enough to cover your damages.
  • Medical Payments Coverage**: Helps pay for medical expenses regardless of fault.

4. Filing a Claim – There are typically two options here:

  • File a Claim with Your Own Insurance: Known as a “first-party” claim, this is straightforward but might require you to pay a deductible.
  • File a Claim Against the Other Driver’s Insurance: Known as a “third-party” claim, this is contingent on proving the other driver was at fault.

5. Property Damage Evaluation – The insurance company will assign an adjuster to evaluate the damage to your vehicle. They will either authorize repairs, deem the car a total loss, or provide an estimate.

6. Seek Medical Attention – Even if you feel fine, it’s essential to get a medical evaluation. Injuries like whiplash might not manifest immediately. Documentation from healthcare professionals will be crucial if you pursue an injury claim.

7. Document Everything – Keep a file with accident reports, medical records, repair bills, and any other related expenses. This will be invaluable when negotiating with insurance adjusters.

8. Negotiating a Settlement – Insurance adjusters might offer an initial settlement amount. This can often be lower than what’s fair. It’s crucial to know the true value of your claim, considering both current expenses and potential future costs (like ongoing medical treatment).

9. Consider Legal Representation – If you face disputes with the insurance company, or if you’re unsure about your rights, it may be wise to consult a Mississippi car accident lawyer. An attorney can help negotiate with insurance adjusters, ensuring that you receive fair compensation.

Navigating the insurance claim process in Mississippi after a car accident can be daunting. But armed with the right information and possibly the assistance of a dedicated car accident lawyer, you can traverse this path more confidently, ensuring that you’re adequately compensated for your losses.

If you have more questions or need expert assistance, consider reaching out to our experienced Mississippi car accident lawyer who can provide guidance tailored to your specific situation.

Don’t hesitate to call us today at (601) 969-2709 to receive your free consultation. We will evaluate your case and determine the best course of action to help you recover from your injuries and get your life back on track. We understand how difficult it can be to deal with the aftermath of an accident in Mississippi, and we are here to help. Call us today to speak with Attorney Bill Kellum and take the first step towards justice.

Kellum Law Firm, P.C.
1438 North State St.
Jackson, MS 39202
(601) 969-2709
DIRECTIONS

Kellum Law Firm, P.C.
617 Market St.
Port Gibson, MS 39150
(601) 590-9000
DIRECTIONS