Monthly Archives: August 2025

What to Do If You’re Injured as a Pedestrian in a Mississippi Car Accident

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Being struck by a vehicle as a pedestrian is one of the most devastating types of accidents. In Mississippi, pedestrians have important legal rights, but recovering compensation can be challenging, especially when insurers attempt to shift blame. Knowing your options and the defenses you may face is essential to protecting your claim.

Your Rights as a Pedestrian in Mississippi

Pedestrians are entitled to use crosswalks, sidewalks, and other public areas safely. Under Mississippi law:

  • Drivers owe a duty of care to avoid hitting pedestrians, particularly in intersections and crosswalks.

  • Pedestrians also have responsibilities, such as obeying traffic signals and not darting into traffic unexpectedly.

  • If a driver’s negligence—such as speeding, distracted driving, or failing to yield—causes a pedestrian accident, the driver can be held legally responsible.

Even if the pedestrian shares some fault, Mississippi’s pure comparative negligence system allows victims to recover compensation, though their recovery is reduced by their percentage of fault.

Filing a Claim as an Injured Pedestrian

If you are hit by a car in Mississippi, you may have several options to pursue compensation:

  1. At-Fault Driver’s Liability Insurance

    • Mississippi requires drivers to carry liability insurance. If the driver was negligent, their policy should cover your medical bills, lost wages, and pain and suffering.

  2. Uninsured/Underinsured Motorist Coverage (UM/UIM)

    • If the driver is uninsured or has too little coverage, you may be able to file under your own UM/UIM policy if you carry it.

  3. MedPay Coverage

    • If you have MedPay on your auto insurance, it can help cover immediate medical expenses regardless of fault.

  4. Third-Party Claims

    • If poor road conditions, defective vehicle parts, or other outside factors contributed, additional claims may be possible against a government agency or manufacturer.

Common Defenses Used by Insurers

Insurance companies often attempt to limit or deny pedestrian claims by arguing:

  • The pedestrian was jaywalking – Claiming you crossed outside a crosswalk or against a signal.

  • The pedestrian was distracted – Alleging you were on your phone or not paying attention when the accident happened.

  • The pedestrian darted into traffic – Suggesting the driver had no reasonable chance to stop.

  • Shared fault – Using Mississippi’s comparative negligence rule to reduce their payout by assigning some blame to you.

Anticipating these defenses and countering them with strong evidence—police reports, witness testimony, surveillance footage, and medical documentation—is critical.

Steps to Take After a Pedestrian Accident in Mississippi

  1. Call 911 and ensure police create an accident report.

  2. Seek immediate medical treatment, even if you feel okay—some injuries are hidden.

  3. Gather evidence if possible, including driver information, witness names, and photos of the scene.

  4. Avoid speaking to the insurance adjuster without legal advice—your statements can be used against you.

  5. Consult with an attorney who can evaluate your claim, handle negotiations, and build a strong case against insurer defenses.

Call Bill Kellum For Legal Help Today

Pedestrian accidents often leave victims facing steep medical bills, lost income, and long recoveries. If you’ve been injured as a pedestrian in Mississippi, Kellum Law Firm, P.C. is here to protect your rights and fight for the compensation you deserve. Call our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 today to discuss your case.

How a Pre-Existing Condition Affects Your Mississippi Car Accident Compensation

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Many people involved in Mississippi car accidents already have medical histories that include back problems, prior surgeries, arthritis, or other chronic conditions. Insurance companies often try to use these pre-existing conditions against victims, arguing that the accident didn’t really cause the injuries or that compensation should be reduced. However, Mississippi law makes it clear: if an accident aggravates or worsens a pre-existing condition, you may still be entitled to compensation.

The Legal Rule: You Can Recover for Aggravation of Pre-Existing Injuries

Under Mississippi personal injury law, a negligent driver is responsible for all injuries caused or made worse by the accident. This means if you had a pre-existing condition that was stable or manageable before the crash, but the accident aggravated it, the at-fault party can be held liable for that worsening.

For example:

  • If you had occasional lower back pain that became chronic and debilitating after the collision, you can pursue damages for the aggravation.

  • If you had prior knee surgery but the crash caused new damage requiring additional procedures, that is compensable.

The law recognizes that you are entitled to be compensated for the full impact the accident had on your health, even if you were more vulnerable to injury because of a prior condition.

How Insurance Companies Handle Pre-Existing Conditions

Insurance companies frequently use pre-existing conditions to limit or deny claims. Some common tactics include:

  • Blaming All Injuries on Pre-Existing Issues
    They may argue that your pain and symptoms are unrelated to the accident and are solely due to your prior medical history.

  • Demanding Extensive Medical Records
    Insurers often request years of medical records to find evidence of past complaints they can use to downplay your claim.

  • Offering Reduced Settlements
    They may make low settlement offers on the grounds that the accident did not cause entirely “new” injuries.

Because of these tactics, strong medical documentation is crucial. Your treating physicians and, in some cases, medical experts may need to testify about how the accident worsened your pre-existing condition.

Proving Aggravation of a Pre-Existing Condition

To successfully recover compensation, you and your legal team must demonstrate:

  • You had a pre-existing condition before the accident.

  • The accident aggravated or accelerated that condition.

  • The aggravation caused additional pain, disability, or medical costs beyond what you experienced before the crash.

Evidence may include:

  • Before-and-after medical records documenting your condition prior to and after the accident.

  • Doctor testimony explaining how the accident worsened your condition.

  • Diagnostic imaging (such as MRIs or X-rays) showing changes after the crash.

  • Personal statements describing how your daily life changed post-accident compared to before.

Why Continuous Treatment Is Important

For pre-existing conditions, consistent medical treatment after the accident is essential. If there are gaps in your care, insurers will argue that your ongoing issues are unrelated to the accident. Following your doctor’s treatment plan and documenting your symptoms helps establish a clear timeline that links the crash to your worsening condition.

Protecting Your Claim

If you have a pre-existing condition and were injured in a Mississippi car accident, keep in mind:

  • Be honest with your doctors and attorney about your prior medical history.

  • Don’t let the insurance company convince you that you’re not entitled to compensation—Mississippi law protects victims whose conditions are aggravated by accidents.

  • Work with an attorney who can gather the right medical evidence and, if needed, expert testimony to strengthen your case.

Call Bill Kellum For a free consultation

Pre-existing conditions don’t disqualify you from receiving compensation after a Mississippi car accident—but they do make your case more complex. The attorneys at Kellum Law Firm, P.C. know how insurance companies approach these claims and how to build strong cases that demonstrate aggravation of prior injuries. Call our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 today to protect your rights and pursue the compensation you deserve.

How Gaps in Medical Treatment Can Affect Your Mississippi Injury Claim

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After a car accident in Mississippi, consistent medical treatment is one of the most important factors in building a strong personal injury claim. Gaps in treatment—whether skipping appointments, delaying follow-ups, or stopping care too soon—can weaken the credibility of your case and give the insurance company reasons to challenge your injuries.

Why Continuous Care Matters

1. Proving the Accident Caused Your Injuries

To recover compensation, you must show that the crash directly caused your injuries. Medical records create the link between the accident and your condition. If there are long breaks in treatment, insurers may argue that your injuries were unrelated or worsened by something else. Consistent care eliminates doubt by showing a clear progression of treatment tied to the accident.

2. Preventing Insurance Company Challenges

Insurance adjusters look for ways to minimize payouts. A gap in medical care is often used to claim:

  • Your injuries are not serious

  • You recovered quickly

  • You failed to follow medical advice

These arguments can significantly reduce the settlement amount if there isn’t a clear, continuous treatment record.

3. Demonstrating the Severity of Your Injuries

Regular appointments, tests, and follow-ups document the pain, limitations, and long-term effects of your injuries. Gaps in care may make it appear as though you didn’t need ongoing treatment, undermining the value of your claim.

4. Avoiding Worsening Conditions

Delaying treatment can make injuries worse, leading to more costly and complicated care. If insurers believe your delay contributed to the severity of your condition, they may try to reduce your compensation, arguing you failed to “mitigate damages.”

Common Reasons for Treatment Gaps

Some accident victims miss care due to lack of insurance, financial hardship, transportation issues, or the belief that they’ve healed. While these reasons are understandable, insurers rarely view them sympathetically. Explaining gaps and resuming care promptly with medical documentation can help protect your case.

Best Practices to Protect Your Claim

  • Follow your doctor’s orders and attend all scheduled appointments.

  • Communicate honestly with your providers about pain, progress, and limitations.

  • Document all reasons for missed care, including financial hardship or scheduling issues, to explain gaps if questioned.

  • Seek alternative care options (payment plans, clinics, MedPay coverage) rather than skipping treatment altogether.

Call Attorney Bill Kellum for a free consultation right now!

If you’ve been injured in a Mississippi car accident, staying consistent with medical treatment is key to protecting your health and your legal rights. If gaps in care have already occurred, you still have options to strengthen your claim. The attorneys at Kellum Law Firm, P.C. can help you build a strong case and address insurer arguments about treatment delays. Call our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 to discuss your case today.

Common Myths About Mississippi Car Accident Laws

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Misunderstanding Mississippi car accident laws can lead to costly mistakes that delay compensation or harm your claim entirely. Many accident victims rely on hearsay or incorrect assumptions, which can prevent them from getting the full settlement they deserve. Here are some of the most common myths—and the truth behind them.

Myth #1: If You’re Partially at Fault, You Can’t Recover Compensation

The Truth: Mississippi follows a pure comparative negligence rule. This means you can still recover compensation even if you were partially responsible for the accident. However, your award will be reduced by your percentage of fault. For example, if you were 30% at fault and your damages total $100,000, you could still recover $70,000.

Myth #2: The Insurance Company Will Treat You Fairly Without an Attorney

The Truth: Insurance companies are profit-driven businesses. Even your own insurer’s goal is to pay as little as possible. Adjusters may offer quick, low settlements before you know the full extent of your injuries. Without a clear understanding of the law and your rights, you risk accepting far less than you deserve.

Myth #3: You Have Plenty of Time to File a Claim

The Truth: In Mississippi, you generally have three years from the date of the accident to file a personal injury lawsuit. Claims against government entities have much shorter deadlines—just one year—and require advance notice. Waiting too long can permanently bar you from recovering damages.

Myth #4: If You Didn’t See a Doctor Immediately, You Can’t File a Claim

The Truth: While it’s always best to seek prompt medical care, a delay does not automatically disqualify you from making a claim. However, insurance companies often argue that delayed treatment means your injuries weren’t caused by the accident. Prompt care strengthens your case and documents your injuries clearly.

Myth #5: The At-Fault Driver’s Insurance Automatically Covers All Your Losses

The Truth: Mississippi requires drivers to carry only minimum liability insurance, which may not be enough to cover serious injuries or property damage. If damages exceed their coverage, you may need to pursue compensation through underinsured motorist coverage, your own insurance policy, or a personal injury lawsuit.

Myth #6: You Must Accept the First Settlement Offer

The Truth: You are under no obligation to take the initial offer from an insurance company. In fact, first offers are often far below the true value of your claim. You have the right to negotiate for a fair settlement that accounts for medical expenses, lost wages, pain and suffering, and future costs.

Myth #7: If the Accident Happened in Bad Weather, No One Can Be at Fault

The Truth: Poor weather does not erase a driver’s duty to operate their vehicle safely. If someone was speeding, tailgating, or otherwise driving recklessly during bad weather, they can still be held liable.

Call Attorney Bill Kellum Today!

Misconceptions about Mississippi car accident laws can cost you valuable time, money, and legal rights. If you’ve been injured, Kellum Law Firm, P.C. can help you understand the law, build a strong case, and fight for the compensation you deserve. Call our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 to protect your rights today.

Can You Reopen a Mississippi Car Accident Case After Settlement?

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In Mississippi, once you settle a car accident claim and sign a release of liability, the settlement is generally final. This means you typically cannot reopen the case, even if new injuries appear or damages turn out to be more extensive than originally thought. The legal principle behind this is to provide closure for both parties—once payment is made, the claim is resolved permanently.

However, there are limited exceptions where you may be able to revisit a closed case. These situations are rare and require strong legal grounds.

The Finality of Car Accident Settlements

When you accept a settlement, you will almost always be required to sign a release agreement. This document states that you give up your right to sue or make any further claims related to the accident, in exchange for the agreed payment.

This release covers:

  • Known injuries and damages

  • Unknown or future complications (unless explicitly excluded)

  • Any claims against the at-fault driver or their insurer for the same incident

Even if you later realize your settlement was too low, the law generally prevents you from reopening the case simply because you changed your mind or underestimated your losses.

Exceptions to the Rule

While settlements are designed to be permanent, Mississippi law allows reopening a case in certain rare situations:

1. Fraud or Misrepresentation

If the other party or their insurer intentionally concealed important information or made false statements that influenced your decision to settle, you may be able to challenge the agreement. Examples include:

  • Hiding policy limits or coverage details

  • Providing false accident reconstruction reports

  • Withholding evidence of liability

2. Mutual Mistake

If both sides agreed to a settlement under a genuine misunderstanding of a key fact—such as believing the at-fault driver’s insurance covered certain damages when it did not—you may have grounds to set aside the release.

3. Coercion or Duress

If you can prove you were pressured or threatened into signing the settlement agreement, a court may invalidate it.

Missed or Underestimated Damages

Many people try to reopen cases because they later discover:

  • Additional medical treatment is needed

  • Their injuries are more serious than initially diagnosed

  • Vehicle repairs cost more than expected

Unfortunately, unless these circumstances involve fraud or legal mistakes in the agreement, they usually do not qualify for reopening the claim. This is why it’s crucial to avoid quick settlements before you know the full scope of your injuries and damages.

Why Quick Settlements Can Be Risky

Insurance companies often push for early settlements to close claims before all injuries and expenses are known. Accepting a payout too soon can leave you without coverage for:

  • Ongoing medical treatment

  • Lost wages from extended recovery

  • Long-term disability impacts

  • Future pain and suffering

Once you sign, you typically cannot go back for more, even if your costs greatly exceed the settlement amount.

Practical Advice Before You Settle

  • Get a full medical evaluation and follow-up care before agreeing to any amount.

  • Understand the release language completely—have it reviewed by a lawyer.

  • Make sure all current and future expenses are included in your claim.

Call Attorney Bill Kellum Today

If you’ve been offered a settlement—or if you believe your signed agreement was based on fraud or missing information—Kellum Law Firm, P.C. can review your situation and determine if legal action is possible. Call our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 to discuss your rights before you make a decision that could close your case forever.

Understanding the Role of Medical Liens in Mississippi Auto Injury Cases

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When you’ve been injured in a Mississippi car accident, medical treatment often starts immediately—sometimes before any insurance claim is filed or resolved. If you don’t have health insurance or can’t afford to pay medical bills upfront, hospitals or medical providers may agree to treat you under a “deferred payment” arrangement. In these situations, they may file a medical lien—a legal claim against any future settlement or court award related to your injury.

This lien gives healthcare providers the right to be paid directly from the proceeds of your personal injury claim before you receive compensation. Understanding how medical liens work—and how they can impact your recovery—is critical if you’re pursuing a car accident claim in Mississippi.

What Is a Medical Lien?

A medical lien is a legal right that allows doctors, hospitals, or insurance providers to be reimbursed for services they provide after a car accident. The lien is placed on your future settlement or judgment award, not your personal assets. When your case is resolved, your attorney typically must satisfy all valid liens from the settlement funds before releasing any remaining compensation to you.

Medical liens are commonly filed by:

  • Hospitals and emergency departments

  • Physical therapists and specialists

  • Health insurance companies

  • Medicaid or Medicare (as reimbursement for covered treatment)

When Are Medical Liens Used in Mississippi Car Accident Cases?

Medical liens are typically used in cases where:

  • You are uninsured or underinsured

  • Your health insurance denies coverage for accident-related treatment

  • The provider agrees to delay billing until your injury claim is resolved

  • Medicaid or Medicare covers the cost of care related to the accident

Mississippi law permits these liens, and once filed, they give the provider legal rights to be paid out of your settlement or verdict.

How Medical Liens Affect Your Settlement

If your medical bills total $50,000 and you receive a $100,000 settlement, the lien will likely be paid first. Along with attorney fees and case costs, medical liens can significantly reduce your net recovery. For example:

  • Total settlement: $100,000

  • Medical lien: $50,000

  • Attorney’s fees & costs: $30,000

  • Remaining for you: $20,000

In many cases, your attorney can negotiate these liens down, especially if the full amount would leave you with an unfairly low recovery. Mississippi does not set mandatory lien reductions, but many providers are willing to compromise to get paid faster and avoid litigation.

Can Health Insurance or Medicaid Assert a Lien?

Yes. If your private health insurer, Medicaid, or Medicare covers your accident-related treatment, they may assert a right of reimbursement. This works similarly to a medical lien and is often treated as such during settlement.

Medicare and Medicaid liens are federally or statutorily mandated, meaning they must be honored or the injured person and their attorney could be held personally liable. However, these can still be negotiated in some cases, especially when the settlement is small or when there is financial hardship.

Do You Have to Pay the Entire Lien Amount?

Not always. Your attorney may be able to:

  • Challenge the lien’s validity (if improperly filed or for unrelated treatment)

  • Negotiate a reduced amount based on fairness or hardship

  • Dispute inflated medical charges or duplicated services

If successful, this means more of your settlement stays with you—helping you cover non-medical losses like pain and suffering, lost wages, and future care needs.

Protecting Yourself from Medical Lien Issues

Here’s what you should do if a lien may apply to your case:

  • Inform your attorney of all treatment received so liens can be anticipated

  • Keep track of all providers and bills to avoid duplicate payments

  • Never ignore a lien notice—valid liens must be paid, or you may be sued for the amount later

  • Work with an experienced attorney to negotiate and resolve liens fairly before settlement distribution

Call Bill Kellum Today

Medical liens can seriously impact your Mississippi car accident settlement if they’re not handled properly. If you’ve been injured in a crash and are facing rising medical bills, Kellum Law Firm, P.C. is ready to protect your rights. We help clients manage liens, negotiate reductions, and fight for the full compensation they deserve. Call our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 to get help today.

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