Maximize Your Compensation with Legal Guidance from Kellum Law Firm, P.C.

When you’ve been injured due to someone else’s negligence in Mississippi, securing fair compensation is vital to cover your medical expenses, lost income, and emotional suffering. However, maximizing the value of your personal injury claim requires careful steps, strategic decisions, and the assistance of a knowledgeable attorney. Here’s what you need to know to strengthen your claim and achieve the best possible outcome.


Steps to Maximize Your Personal Injury Claim

1. Seek Immediate Medical Attention

Prompt medical treatment is critical after an accident, even if your injuries seem minor. Delays in seeking care can give insurance companies reason to question the severity of your injuries. By obtaining a thorough medical evaluation and following your doctor’s treatment plan, you create a clear record that supports the legitimacy of your claim.

2. Document Everything

Strong evidence is the foundation of a successful personal injury claim. Document the scene of the accident by taking photos or videos, and collect the names and contact information of witnesses. Keep all medical records, receipts, and correspondence related to your injuries and the accident. This documentation will help establish the extent of your damages and link them directly to the accident.

3. Avoid Speaking to Insurance Adjusters Alone

Insurance companies often attempt to minimize payouts by disputing claims or offering low settlements. Avoid giving recorded statements or discussing the details of your injuries without consulting your attorney. A skilled personal injury lawyer can handle communications with the insurance company, ensuring that you aren’t pressured into accepting an offer that doesn’t reflect the true value of your claim.

4. Prove Liability Through Evidence

Mississippi follows a comparative negligence rule, meaning your compensation can be reduced if you are found partially at fault for the accident. It’s essential to present clear evidence proving the other party’s negligence, such as:

  • Police reports
  • Witness statements
  • Photos and videos of the scene
  • Expert testimony from accident reconstruction specialists

A well-supported claim minimizes disputes and strengthens your position during settlement negotiations.

5. Account for All Damages

Your personal injury claim should reflect not only your medical expenses and lost wages but also non-economic damages like pain and suffering. Mississippi law allows compensation for:

  • Medical bills (past and future)
  • Property damage
  • Loss of earning capacity
  • Pain, suffering, and emotional distress
  • Loss of consortium (if the injury affects relationships with loved ones)

An experienced attorney will help you calculate the full value of your claim, ensuring no losses are overlooked.

6. Don’t Settle Too Quickly

After an accident, it’s natural to want to resolve your claim and move on. However, accepting an early settlement offer can leave you without sufficient compensation for future medical costs or long-term impacts. Consult your attorney before agreeing to any offer to ensure it adequately addresses your present and future needs.

7. Work with a Qualified Personal Injury Attorney

A skilled attorney can make a significant difference in the outcome of your claim. Your lawyer will guide you through the process, gather evidence, negotiate with insurance companies, and, if necessary, represent you in court. Legal representation not only improves your chances of obtaining full compensation but also allows you to focus on recovering from your injuries.


Common Pitfalls to Avoid

To maximize your compensation, avoid these mistakes:

  • Ignoring medical advice: Failing to follow your treatment plan can harm your health and your claim.
  • Posting on social media: Anything you share online can be used against you by the insurance company.
  • Missing deadlines: In Mississippi, the statute of limitations for personal injury claims is three years. Filing late will result in losing your right to compensation.
  • Representing yourself: Insurance companies often take advantage of unrepresented claimants.

By avoiding these pitfalls and working with an attorney, you can protect the value of your claim.


Call to Action:

If you’ve been injured in Mississippi and want to secure the maximum compensation for your personal injury claim, call Kellum Law Firm, P.C. today. With offices in Jackson at (601) 969-2709 and Port Gibson at (601) 590-9000, we’re here to help you understand your rights and fight for the justice you deserve.


FAQs

What is the most important factor in getting the most money for a personal injury claim?
The key factor is proving the other party’s liability through strong evidence. Mississippi’s comparative negligence rule reduces compensation based on your share of fault, so minimizing your liability is crucial. Working with an attorney ensures you gather the necessary documentation, including police reports, medical records, and witness testimony, to support your claim.

Can I still get compensation if I’m partially at fault for the accident?
Yes, Mississippi follows a pure comparative negligence rule, which means you can still recover damages even if you share some fault. However, your compensation will be reduced by your percentage of fault. For instance, if you are 20% at fault and your damages total $100,000, you can recover $80,000.

How do insurance companies calculate pain and suffering?
Pain and suffering are subjective damages, so there’s no fixed formula. Insurance companies may use methods like the multiplier method (multiplying your economic damages by a factor based on injury severity) or the per diem method (assigning a daily value to your suffering). An attorney can advocate for fair compensation by presenting evidence of how your injuries have affected your quality of life.

What if the at-fault party doesn’t have insurance?
If the at-fault party is uninsured, you may still recover compensation through your own uninsured/underinsured motorist coverage. This type of insurance is optional in Mississippi, but if you have it, it can cover your medical bills, lost wages, and other damages.

Why shouldn’t I accept the first settlement offer from the insurance company?
The first offer from an insurance company is typically much lower than the actual value of your claim. Insurance companies aim to minimize payouts, and initial offers rarely account for long-term costs like future medical care or lost earning capacity. Consult an attorney to evaluate the offer and negotiate for a fair settlement.

How long does it take to settle a personal injury claim in Mississippi?
The timeline varies depending on the complexity of your case. Some claims settle within months, while others require years if litigation is involved. Factors like the severity of injuries, disputes over liability, and the willingness of the insurance company to negotiate can impact the duration. An attorney can help expedite the process while ensuring you receive fair compensation.

What should I do if I feel pressured by an insurance adjuster?
If an insurance adjuster is pressuring you to accept a low settlement or give a recorded statement, politely decline and refer them to your attorney. Adjusters are trained to minimize payouts, so having legal representation ensures your rights are protected.

By following these strategies and seeking professional legal guidance, you can strengthen your personal injury claim and pursue the full compensation you deserve. For personalized assistance, contact Kellum Law Firm, P.C., in Jackson or Port Gibson today.

Free Consultations Offered 24/7!

We offer free consultations 24/7, so call us today at (601) 969-2709 to discuss your case. Let us put our skills to work for you and help you on the path to 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

It is generally accepted that the debtor may not waive the automatic stay.  If the debtor affirmatively acts, such as by commencing litigation post-bankruptcy, the defendant is permitted to defend itself without running afoul of the automatic stay (although, in defining the parameters of a defense, many courts distinguish between mandatory counterclaims, which are allowed, and permissible counterclaims, which are not). 

Although the Bankruptcy Code contains a fairly detailed list of actions which are and which are not precluded by the automatic stay, it does not address the ramifications of failing to abide by its dictates, except in one respect. Under Bankruptcy Code section 362(h), any “individual” injured by a willful violation of the stay is entitled to recover actual damages, including attorneys’ fees, and in appropriate circumstances, may recover punitive damages. However, other than providing for a remedy, the Bankruptcy Code does not explain whether actions taken in violation of the stay are void from their inception, and should be deemed never to have occurred, or whether such actions are merely voidable, such that they will be permitted to stand unless and until the debtor, the bankruptcy trustee or some other party-in-interest in the bankruptcy case complains to the court. The distinction is an important one, given the potentially significant legal and property rights and remedies connected with a wide variety of actions that arguably run afoul of the automatic stay, whether they be voluntary, involuntary, knowing or unknowing.

In Kalb v. Feuerstein, the United States Supreme Court examined the issue under the former Bankruptcy Act and held that actions in violation of the automatic stay are void. The circuit courts that have addressed this issue in the context of the present day Bankruptcy Code are split. The minority view is that an act taken in violation of the automatic stay is not void, but merely voidable. The Fifth and District of Columbia Circuits subscribe to this position. A majority of the circuits hold that an action in violation of the automatic stay is void ab initio, although some courts, like the Third Circuit, have recognized that the bankruptcy court’s power to grant relief from the stay retroactively may make a stay violation merely voidable under appropriate circumstances.