Monthly Archives: March 2025

Understanding Delayed Injury Symptoms After a Mississippi Car Accident

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Why Some Injuries Take Time to Appear and How They Affect Your Claim

Not all injuries from a car accident are immediately obvious. Some symptoms may take hours, days, or even weeks to become noticeable. This delay can complicate both medical treatment and legal claims, especially when insurance companies try to downplay injuries that were not documented right after the crash.

Mississippi law allows accident victims to seek compensation for their injuries, including those that do not show symptoms right away. However, waiting too long to seek medical attention or accept a quick settlement can create challenges when trying to recover full compensation.

Why Some Car Accident Injuries Are Delayed

The body’s response to trauma can mask pain and symptoms in the immediate aftermath of a collision. Adrenaline and shock often suppress discomfort, making it difficult to recognize an injury right away. Some of the most common injuries that may have delayed symptoms include:

  • Whiplash – Neck and shoulder pain caused by the sudden back-and-forth motion of the head. Symptoms may not develop for several days.
  • Concussions – Mild traumatic brain injuries that can cause headaches, confusion, dizziness, and cognitive issues, sometimes appearing days later.
  • Soft Tissue Injuries – Damage to muscles, ligaments, and tendons may not cause pain until inflammation and stiffness set in.
  • Spinal Injuries – Herniated discs, pinched nerves, and other spinal injuries can lead to numbness, weakness, or pain that worsens over time.
  • Internal Injuries – Damage to organs may not produce symptoms immediately but can become life-threatening if left untreated.

How Delayed Injuries Impact Car Accident Claims in Mississippi

Insurance companies may argue that injuries reported days or weeks after an accident are unrelated to the crash. This is why documenting medical treatment is essential. Mississippi follows a pure comparative negligence system, which means your compensation can be reduced if insurers argue that something other than the accident caused your injuries.

Key Steps to Protect Your Claim

  1. Seek Medical Attention Immediately – Even if you feel fine, a doctor can detect injuries before symptoms appear.
  2. Follow All Medical Advice – Gaps in treatment may be used against you by insurance adjusters.
  3. Document Symptoms as They Develop – Keep a record of pain levels, mobility issues, and how injuries affect daily life.
  4. Avoid Quick Settlements – Accepting an early payout from an insurance company may prevent you from receiving compensation for injuries that appear later.
  5. Consult a Lawyer Before Signing Anything – An attorney can evaluate whether a settlement offer truly covers long-term medical costs.

The Risk of Accepting a Quick Settlement

Insurance companies often push for fast settlements, hoping victims will accept an offer before fully understanding the extent of their injuries. A quick payout might seem like a relief, but it can come at a cost.

Why You Should Be Cautious

  • You Can’t Go Back for More – Once you accept a settlement, you typically waive your right to pursue further compensation, even if your injuries worsen.
  • Medical Costs May Increase – What seems like minor soreness now could turn into a chronic condition requiring long-term treatment.
  • Lost Wages and Future Expenses Might Not Be Covered – If your injuries prevent you from working, an early settlement may not account for lost income over time.

Mississippi law allows accident victims to file personal injury claims within three years of the accident. This means you do not need to rush into a settlement before understanding the full impact of your injuries. If an insurance company is pressuring you to accept an offer too soon, legal action may be necessary to secure the compensation you deserve.

If you have questions about a Mississippi car accident injury, call Kellum Law Firm, P.C. at (601) 969-2709 in Jackson or (601) 590-9000 in Port Gibson.

Car Accident Claim Frequently Asked Questions

Can I still file a claim if I didn’t realize I was injured right after the accident?
Yes. Mississippi law allows injury victims up to three years to file a claim. If symptoms appeared later, medical records linking the injuries to the accident can support your case.

What if the insurance company says my injuries aren’t related to the accident?
Insurance companies often try to deny delayed injury claims by arguing that another event caused the symptoms. Medical records, expert testimony, and accident reports can help establish that your injuries resulted from the crash.

How do I prove a delayed injury in a car accident case?
Medical documentation is key. Seeing a doctor immediately after the accident, even if you feel fine, creates a record that links any later-developing symptoms to the crash. Keeping a journal of your symptoms can also support your claim.

Should I accept the insurance company’s first settlement offer?
No. Early offers rarely account for long-term medical costs, ongoing pain, or future lost wages. Accepting an offer too soon could prevent you from receiving full compensation if your injuries worsen over time.

How long do I have to file a lawsuit if I reject a settlement offer?
Mississippi has a three-year statute of limitations for personal injury claims. If negotiations with the insurance company fail, filing a lawsuit within this timeframe is necessary to preserve your rights.

What happens if I wait too long to see a doctor after the accident?
Delaying medical treatment can weaken your claim. Insurance companies may argue that something else caused your injuries. Seeking medical attention as soon as symptoms appear helps establish a direct connection to the accident.

Can I sue for emotional distress if my injury symptoms cause anxiety or depression?
Yes. Emotional distress is considered a non-economic damage in Mississippi personal injury claims. If your injuries have affected your mental health, compensation may be available.

What if I was partially at fault for the accident?
Mississippi follows a pure comparative negligence rule, meaning you can still recover damages even if you were partially responsible. However, your compensation will be reduced by your percentage of fault.

Does Mississippi require me to report all car accidents?
Yes. Mississippi law requires drivers to report any accident involving injury, death, or property damage exceeding $500. Failing to report an accident may complicate your injury claim.

What if my injuries prevent me from working?
You may be entitled to compensation for lost wages and reduced earning capacity. A personal injury claim can help recover these damages, ensuring you are financially protected while you heal.

Can I recover compensation if my delayed injury requires long-term care?
Yes. If your injuries require ongoing medical treatment, rehabilitation, or permanent care, your claim should reflect these long-term costs. A settlement should cover not only past expenses but also future medical needs.

How do I know if my case requires legal action?
If an insurance company refuses to offer fair compensation or denies your claim based on delayed symptoms, filing a lawsuit may be the best option. A lawyer can evaluate your case and determine the best course of action.

Call Bill Kellum For Your Free Consultation

If you are experiencing delayed symptoms after a car accident, you may still have a right to compensation. The attorneys at Kellum Law Firm, P.C. can help ensure that insurance companies do not take advantage of your situation. At Kellum Law Firm, P.C., our attorneys can guide you through the claims process and ensure your rights are protected. Contact our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 to discuss your options and secure the compensation you deserve.

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

Your Legal Rights After Being Hit by a Drunk Driver in Mississippi

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Seeking Compensation and Holding Negligent Drivers Accountable

Being hit by a drunk driver can leave victims with serious injuries, financial burdens, and emotional distress. Mississippi law allows those injured by intoxicated drivers to seek compensation for medical expenses, lost income, and pain and suffering. In some cases, victims may also pursue punitive damages to hold the at-fault driver accountable. Understanding your legal rights is critical to ensuring that you receive the compensation you deserve.

Mississippi Laws on Drunk Driving Accidents

Mississippi has strict laws against driving under the influence (DUI). Under Mississippi Code § 63-11-30, it is illegal for a driver to operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. The law sets even lower limits for commercial drivers (0.04%) and drivers under the age of 21 (0.02%). A DUI conviction carries criminal penalties, but it also establishes negligence in a civil lawsuit, making it easier for victims to pursue compensation.

Pursuing Compensation After a Drunk Driving Accident

Victims of drunk driving accidents in Mississippi can file a personal injury claim to recover compensation for:

  • Medical Expenses: Emergency treatment, surgeries, rehabilitation, prescription medications, and ongoing care.
  • Lost Wages: Compensation for time missed from work due to injuries and recovery.
  • Pain and Suffering: Compensation for physical pain, emotional trauma, and diminished quality of life.
  • Property Damage: Repairs or replacement of a damaged vehicle.
  • Wrongful Death: If a drunk driving accident leads to a fatality, surviving family members may seek damages for funeral costs, loss of financial support, and emotional suffering.

The Possibility of Punitive Damages

Mississippi law allows for punitive damages in cases where the defendant’s conduct was reckless or intentional. Unlike compensatory damages, which cover actual losses, punitive damages serve to punish the at-fault party and deter similar behavior.

To qualify for punitive damages under Mississippi Code § 11-1-65, the victim must prove that the drunk driver acted with gross negligence or a willful disregard for safety. Courts often consider factors such as:

  • The driver’s BAC level at the time of the crash.
  • Whether the driver had prior DUI convictions.
  • If the driver was excessively speeding, driving recklessly, or attempting to evade law enforcement.

Punitive damages can significantly increase the total compensation awarded in a lawsuit, especially in cases involving extreme negligence.

The Risks of Accepting a Quick Settlement

Insurance companies often offer quick settlements after a drunk driving accident. While the offer may seem fair, it often fails to account for long-term expenses such as ongoing medical care, rehabilitation, and lost earning capacity.

Risks of accepting a fast settlement include:

  • Underestimating Medical Costs: Some injuries take time to fully develop, and early settlements may not cover future treatments.
  • Waiving Future Claims: Once a settlement is accepted, you typically cannot pursue additional compensation, even if your condition worsens.
  • Pressure from Insurers: Insurance companies prioritize minimizing payouts. Adjusters may try to get you to accept less than you deserve by pressuring you to settle quickly.

Before agreeing to a settlement, it is important to understand the full extent of your injuries and the compensation you are entitled to under Mississippi law.

When Legal Action May Be Necessary

If the insurance company refuses to offer a fair settlement, filing a lawsuit may be necessary. A legal claim can ensure that all damages—economic and non-economic—are considered.

Legal action may also be necessary if:

  • The drunk driver was underinsured or uninsured.
  • The insurance company denies liability or attempts to shift blame.
  • The crash resulted in severe injuries or a wrongful death.

How Mississippi’s Dram Shop Laws May Affect Your Case

Mississippi has dram shop laws that allow victims to pursue claims against establishments that serve alcohol irresponsibly. If a bar, restaurant, or liquor store knowingly served alcohol to a visibly intoxicated person or a minor, and that person caused an accident, the business may be held partially liable.

These claims can be complex, requiring proof that the establishment violated its duty of care. However, if successful, they can provide an additional source of compensation for victims.

Call Bill Kellum For a free consultation

If you or a loved one has been injured by a drunk driver in Mississippi, you have legal rights. The attorneys at Kellum Law Firm, P.C. are here to help you seek the full compensation you deserve. Contact our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 to discuss your case and take the next steps toward justice.

Accident Claim Frequently Asked Questions

What should I do immediately after being hit by a drunk driver?
Call 911 right away to report the accident. If possible, document the scene with photos, obtain witness contact information, and seek medical attention. Even if injuries are not immediately apparent, some conditions may develop later. Filing a police report is critical, as it provides official documentation of the driver’s intoxication.

Can I sue a drunk driver even if they were not convicted of DUI?
Yes. A DUI conviction can support a civil lawsuit, but it is not required. In a personal injury case, you must prove that the driver was negligent, which can be established through evidence such as witness statements, accident reports, and toxicology results.

Will the insurance company automatically pay for my damages if the driver was drunk?
Not necessarily. While liability may seem clear, insurance companies often dispute claims or attempt to minimize payouts. They may argue that your injuries are not as severe as claimed or that other factors contributed to the crash. Legal representation can help ensure that your rights are protected.

Can I recover damages if I was partially at fault for the accident?
Mississippi follows a pure comparative negligence rule, meaning that even if you were partially at fault, you can still recover compensation. However, your total recovery will be reduced by your percentage of fault. If you were 20% at fault, your total compensation would be reduced by 20%.

How long do I have to file a claim after a drunk driving accident?
The statute of limitations for personal injury claims in Mississippi is three years from the date of the accident. However, evidence can become harder to obtain over time, so taking action as soon as possible is recommended.

What if the drunk driver was uninsured?
If the at-fault driver does not have insurance, you may be able to recover compensation through your uninsured motorist (UM) coverage, if you have it. Mississippi law does not require UM coverage, but it can provide critical protection in these situations.

Can I sue a bar or restaurant that served the drunk driver?
Mississippi’s dram shop laws allow claims against establishments that knowingly served alcohol to a visibly intoxicated person or a minor. These cases require evidence showing that the business acted negligently in serving the driver before the crash.

What types of damages can I recover in a lawsuit against a drunk driver?
Victims may recover economic damages such as medical expenses and lost wages, non-economic damages like pain and suffering, and, in some cases, punitive damages to punish the at-fault driver for reckless behavior.

How long does it take to settle a claim against a drunk driver?
The timeline depends on the complexity of the case, the severity of injuries, and whether the insurance company is willing to negotiate a fair settlement. Some cases settle within months, while others require litigation, which can take longer.

Do I need a lawyer to file a claim against a drunk driver?
While you are not legally required to have a lawyer, handling a claim without legal representation can be challenging. Insurance companies often try to minimize payouts, and having an attorney ensures that you receive full and fair compensation. A legal team can handle negotiations, gather evidence, and represent you in court if necessary.

Call For Your Free Consultation

If you’ve been injured in a Mississippi car accident, understanding how police reports impact your claim is crucial. At Kellum Law Firm, P.C., our attorneys can guide you through the claims process and ensure your rights are protected. Contact our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 to discuss your options and secure the compensation you deserve.

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

How Distracted Driving Contributes to Car Accidents in Mississippi

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Understanding the Dangers and Legal Consequences of Distracted Driving

Distracted driving is a leading cause of car accidents in Mississippi, putting lives at risk every day. Whether caused by texting, adjusting a GPS, or simply not paying attention to the road, driver inattention significantly increases the likelihood of a crash. Mississippi has laws in place to discourage distracted driving, but many drivers continue to engage in dangerous behaviors that lead to serious injuries and fatalities. When an accident occurs due to a distracted driver, it is critical to understand how liability is determined and what legal options are available for those affected.

Mississippi Laws on Distracted Driving

Mississippi has taken steps to address distracted driving, particularly concerning mobile phone use. Under Mississippi Code § 63-33-1, it is illegal to text while driving. This includes sending, reading, or writing text messages, emails, or social media updates while behind the wheel. While the law does not completely prohibit handheld phone use, any distraction that leads to an accident may contribute to liability in a personal injury claim.

Key points about Mississippi’s distracted driving laws:

  • Texting while driving is illegal for all drivers.
  • School bus drivers and drivers with learner’s permits or intermediate licenses are banned from all handheld phone use while driving.
  • Law enforcement can issue fines for violations, with penalties increasing for repeat offenses.

Even though Mississippi has fewer restrictions on distracted driving than some other states, drivers can still be held responsible for causing accidents while distracted.

How Distracted Driving Impacts Liability in Mississippi Car Accidents

Mississippi follows a pure comparative negligence rule when determining liability in personal injury cases. This means that even if a distracted driver is found responsible for an accident, the injured party’s compensation may be reduced if they are found partially at fault.

For example:

  • If a distracted driver causes a crash but the injured driver was also speeding, a court may assign 80% liability to the distracted driver and 20% liability to the injured driver. In this case, the injured driver’s compensation would be reduced by 20%.

To establish liability against a distracted driver, evidence such as phone records, traffic camera footage, witness testimony, and police reports may be used.

The Risks of Accepting a Quick Insurance Settlement

After a distracted driving accident, insurance companies may quickly offer a settlement to resolve the claim. While this may seem convenient, accepting an early settlement can lead to financial losses in the long run. Insurance companies often attempt to minimize payouts by offering settlements that do not fully cover medical bills, lost income, or long-term rehabilitation needs.

Before accepting an offer, it is important to consider:

  • The extent of injuries: Some injuries, such as concussions or spinal damage, may not show immediate symptoms but could require long-term treatment.
  • Future medical costs: A settlement should account for ongoing medical care, physical therapy, and rehabilitation.
  • Lost wages and reduced earning capacity: If an injury affects your ability to work, the settlement should reflect both immediate lost wages and any potential reduction in future earnings.

If a settlement offer does not fully address these factors, pursuing legal action may be necessary to recover fair compensation.

Pursuing Legal Action for a Distracted Driving Accident

When a distracted driver causes an accident, victims have the right to seek compensation for their losses. Filing a personal injury lawsuit allows accident victims to recover damages beyond what an insurance settlement may offer.

Recoverable damages may include:

  • Medical expenses (emergency treatment, surgeries, rehabilitation, and long-term care)
  • Lost income and future earning potential
  • Pain and suffering
  • Property damage
  • Punitive damages (in cases where the distracted driver’s actions were particularly reckless)

Taking legal action ensures that all aspects of the injury and its impact on daily life are considered. Given Mississippi’s statute of limitations, filing a claim must be done within three years from the date of the accident.

Call Us For a Free Consultation

If you or a loved one has been injured in a distracted driving accident, it is important to understand your legal rights before accepting a settlement. The attorneys at Kellum Law Firm, P.C. are ready to help you secure the compensation you deserve. Call our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 to discuss your case today.

Car Accident Frequently Asked Questions

What are the most common forms of distracted driving in Mississippi?
Distracted driving includes texting, talking on the phone, adjusting navigation systems, eating, or engaging with passengers while behind the wheel. Any activity that takes a driver’s attention away from the road increases the risk of a crash.

How can I prove that the other driver was distracted when they caused the accident?
Proving distracted driving may require phone records, witness statements, traffic camera footage, or law enforcement reports. If the driver admitted to being distracted at the scene, that information can also be used to support the claim.

Does Mississippi have a hands-free law?
No, Mississippi does not require drivers to use hands-free devices. However, texting while driving is illegal, and any distraction that contributes to an accident may lead to liability in a personal injury case.

What should I do if an insurance company offers me a quick settlement?
Insurance companies often offer low settlements to close cases quickly. Before accepting, review the full extent of medical expenses, lost income, and long-term treatment needs. A low settlement may not cover all future costs, leaving you responsible for additional expenses.

Can I sue for punitive damages in a distracted driving accident?
Yes, punitive damages may be available in cases where the distracted driver acted with extreme recklessness, such as texting at high speeds or repeatedly engaging in dangerous driving behavior.

How does Mississippi’s comparative negligence rule affect my claim?
Mississippi follows a pure comparative negligence rule, meaning compensation is reduced by the percentage of fault assigned to the injured party. If you are found 20% responsible, your total compensation would be reduced by 20%.

What if the distracted driver was using a GPS when they hit me?
Even though using a GPS is not illegal in Mississippi, drivers still have a duty to operate their vehicles safely. If a driver was focused on a GPS instead of the road, they may still be held liable for an accident.

Should I see a doctor if I feel fine after a distracted driving accident?
Yes, injuries such as whiplash, concussions, and internal damage may not show symptoms immediately. Seeing a doctor ensures that any hidden injuries are diagnosed and documented, which is important for both your health and your claim.

How long do I have to file a personal injury lawsuit in Mississippi?
Mississippi law generally allows three years from the date of the accident to file a lawsuit. However, evidence and witness testimony may become harder to obtain over time, so it is best to start the process as soon as possible.

Can passengers in my vehicle also file claims against a distracted driver?
Yes, passengers injured in a distracted driving accident have the right to seek compensation for medical expenses, lost wages, and pain and suffering. They may file claims against the at-fault driver’s insurance or pursue legal action if necessary.

Call For Your Free Consultation

If you’ve been injured in a Mississippi car accident, understanding how police reports impact your claim is crucial. At Kellum Law Firm, P.C., our attorneys can guide you through the claims process and ensure your rights are protected. Contact our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 to discuss your options and secure the compensation you deserve.

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