Category Archives: Car Accident Cases

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Understanding Liability Coverage and How Insurance Companies Try to Minimize Payouts

Mississippi law requires drivers to carry minimum auto insurance to cover damages in the event of an accident. While these requirements are meant to protect injured victims, insurance companies often try to limit payouts by shifting blame, disputing medical claims, and pressuring victims into quick settlements. Knowing how liability coverage works and understanding the tactics used by insurance companies can help victims protect their rights and secure the compensation they deserve.

Mississippi’s Minimum Auto Insurance Requirements

Mississippi operates under a fault-based system, meaning that the driver responsible for an accident is liable for covering damages. The state requires all drivers to carry the following minimum insurance coverage:

  • $25,000 per person for bodily injury
  • $50,000 per accident for bodily injury when multiple people are injured
  • $25,000 per accident for property damage

While these limits provide some protection, they may not be enough to cover serious injuries, lost wages, or extensive vehicle damage. If an at-fault driver carries only the minimum coverage, an injured victim may need to seek additional compensation through their own uninsured/underinsured motorist (UM/UIM) coverage or take legal action against the responsible driver.

How Mississippi’s Insurance Laws Affect Accident Claims

Because Mississippi follows an at-fault system, injured victims typically file claims with the at-fault driver’s insurance company. However, insurers are not eager to pay full compensation. They often attempt to deny claims, argue that injuries existed before the crash, or offer quick settlements that do not cover future expenses.

Understanding how insurers operate and taking the right steps after an accident can help victims avoid common pitfalls and secure the compensation they deserve.

How Insurers Use Pre-Existing Conditions to Deny Claims

Insurance companies frequently argue that injuries were not caused by the accident but were instead pre-existing conditions. This tactic is used to reduce or deny payouts. For example, if a victim has a prior back injury and suffers a new back injury in a crash, the insurer may claim that the pain was not caused by the accident but was a result of the old injury.

How to Protect Your Claim from Pre-Existing Condition Disputes

  1. Seek Immediate Medical Attention – Having medical records that document injuries right after an accident helps establish that they resulted from the crash, not a previous condition.
  2. Follow All Medical Advice – Skipping doctor appointments or delaying treatment can give insurers more leverage to argue that the injury is unrelated or exaggerated.
  3. Do Not Give Recorded Statements Without Legal Representation – Insurance adjusters may ask about past injuries and use any statements made against the victim later.
  4. Obtain a Doctor’s Statement – A medical professional can clarify whether the accident worsened a pre-existing condition, making it eligible for compensation.

Mississippi law allows victims to recover damages even if they had pre-existing injuries, as long as the crash aggravated or worsened the condition. Having strong medical documentation and legal representation can counteract insurance company tactics and ensure fair compensation.

Common Insurance Tactics Used to Minimize Payouts

Insurance companies employ various strategies to pay as little as possible. Some of the most common tactics include:

  • Blaming the Victim – Mississippi follows a pure comparative negligence system, meaning that if an injured victim is found partially at fault, their compensation is reduced. Insurers often try to shift blame to minimize payouts.
  • Questioning the Severity of Injuries – Adjusters may argue that medical treatment was excessive or unnecessary to justify offering a lower settlement.
  • Delaying Claims – Some insurers stall the process, hoping victims will become desperate and accept a lower offer.
  • Using Recorded Statements Against Victims – Adjusters may ask misleading questions in recorded interviews, then use the answers to dispute the claim.
  • Pressuring Victims to Accept Low Offers – Initial settlement offers are often far lower than what a victim deserves, and once accepted, the victim cannot seek additional compensation later.

Understanding these tactics and seeking legal representation can make a significant difference in the outcome of a claim.

The Risks of Quick Settlements and How They Can Cost You Money

Insurance companies often try to settle claims quickly before victims fully understand the long-term impact of their injuries. Accepting an early settlement can be risky because:

  1. Future Medical Expenses May Not Be Covered – Some injuries require ongoing care, rehabilitation, or future surgeries that an initial settlement may not account for.
  2. Lost Wages and Future Earning Capacity May Be Overlooked – If an injury affects a victim’s ability to work long-term, the financial impact can be significant.
  3. Pain and Suffering Damages Are Often Undervalued – Insurers typically downplay non-economic damages, leaving victims without proper compensation for emotional distress and reduced quality of life.
  4. Once You Accept a Settlement, You Can’t Seek More Compensation – Most settlements require victims to sign a release of liability, which means they forfeit the right to seek additional compensation later.

Mississippi law allows injured victims three years to file a personal injury lawsuit, giving them time to assess their damages fully. Rushing into a settlement can lead to significant financial losses, which is why consulting with an attorney before signing any agreement is essential.

Taking Legal Action to Secure Full Compensation

When insurance companies refuse to pay a fair settlement, legal action may be the best option. Filing a lawsuit allows victims to present medical records, expert testimony, and accident evidence to demand proper compensation. Even if a case does not go to trial, having legal representation increases the chances of negotiating a higher settlement.

Call For a Free consultation

If you have been injured in a car accident and need help understanding your rights under Mississippi’s insurance laws, the attorneys at Kellum Law Firm, P.C. can protect your interests. Call our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 to discuss your options and ensure you receive the compensation you deserve.

Mississippi Accident Claim Frequently Asked Questions

What happens if the at-fault driver doesn’t have enough insurance to cover my damages?
If the at-fault driver carries only minimum liability coverage, their policy may not fully cover medical bills, lost wages, and property damage. In this situation, victims can file a claim through their own uninsured/underinsured motorist (UM/UIM) coverage or pursue a personal injury lawsuit against the driver.

Can an insurance company deny my claim if I had a pre-existing condition?
Insurers often try to deny claims by blaming injuries on prior medical conditions, but they are required to compensate victims if the accident worsened a pre-existing injury. Medical records and expert testimony can establish that the crash made the condition more severe, making the victim eligible for compensation.

Why do insurance companies offer low settlements so quickly?
Insurers try to settle claims fast before victims understand the full extent of their injuries. They know that once a victim accepts a settlement, they cannot ask for more money later. It is always best to review settlement offers with an attorney to ensure that future medical needs and other damages are accounted for.

What should I do if the insurance company is delaying my claim?
Delays are a common tactic used to pressure victims into accepting lower payouts. If an insurance company is stalling, sending written requests for updates and seeking legal representation can help push the claim forward and prevent unnecessary delays.

How does Mississippi’s pure comparative negligence law affect my case?
If an insurer argues that a victim was partially at fault for an accident, the compensation may be reduced by that percentage. For example, if a victim is found 20% responsible, their total damages will be reduced by 20%. Having legal representation can help dispute unfair fault claims and secure a higher payout.

Can I still file a lawsuit if I already started settlement negotiations?
Yes, as long as a settlement agreement has not been signed, victims can still pursue legal action. Insurance companies often offer more money when they know a case could go to trial, making it important to have legal leverage before accepting any offer.

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

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What You Need to Know About Insurance Tactics and Protecting Your Right to Compensation

Car accidents often cause new injuries, but for some people, the impact of a crash can worsen existing medical conditions. When this happens, insurance companies may try to reduce or deny compensation by blaming injuries on pre-existing conditions rather than the accident itself. Mississippi law allows accident victims to recover damages even if they had prior health issues, but insurance adjusters often challenge these claims to limit payouts.

Understanding how pre-existing conditions affect car accident claims can help victims protect their right to full compensation. Knowing how insurers attempt to deny these claims and the risks of accepting quick settlements is essential when seeking fair compensation.

How Pre-Existing Conditions Impact a Mississippi Car Accident Claim

A pre-existing condition is any medical issue that existed before the accident. Common conditions that insurers often scrutinize in car accident claims include:

  • Back and neck injuries
  • Arthritis or joint pain
  • Herniated discs
  • Previous fractures or surgeries
  • Degenerative conditions (such as osteoarthritis)
  • Chronic pain disorders

Mississippi follows the “eggshell plaintiff” rule, which means that a person cannot be denied compensation simply because they were more vulnerable to injury due to a pre-existing condition. If an accident aggravates a prior injury or makes an existing condition worse, the at-fault party can still be held responsible for the additional harm caused.

How Insurance Companies Use Pre-Existing Conditions to Limit Payouts

Insurance companies regularly investigate medical records in an effort to reduce or deny claims. Adjusters may use several strategies to argue that a victim’s injuries were not caused by the accident:

  • Claiming the Injury Was Pre-Existing – Insurers often review medical records to find evidence that an injury existed before the crash and argue that the accident did not cause the condition.
  • Arguing the Accident Did Not Worsen the Condition – Even if a pre-existing condition is acknowledged, the insurer may argue that the accident did not make it worse.
  • Demanding Extensive Medical Records – Adjusters frequently request years of medical history to find anything they can use to claim an injury was unrelated to the crash.
  • Using Inconsistent Statements Against the Victim – Insurers look for inconsistencies in medical records, police reports, and victim statements to challenge the claim.

Victims with pre-existing conditions must be prepared to counter these tactics with strong medical evidence and legal representation.

How to Protect Your Claim When You Have a Pre-Existing Condition

Insurance companies will attempt to limit their liability, but there are steps accident victims can take to protect their right to full compensation:

  1. Seek Immediate Medical Attention – A medical evaluation immediately after the accident can document any new injuries or worsening of pre-existing conditions.
  2. Be Honest About Medical History – Concealing prior conditions can hurt a claim if insurers discover inconsistencies. Full disclosure allows doctors to document how the accident affected existing health issues.
  3. Obtain Medical Expert Opinions – Medical experts can provide statements explaining how the accident aggravated a pre-existing condition.
  4. Keep Detailed Medical Records – Documentation from before and after the accident helps show the difference in a victim’s condition.
  5. Avoid Signing Medical Releases Without Legal Guidance – Insurers often ask victims to sign broad medical releases to access unrelated health information. Legal advice is crucial before signing any documents.

The Risks of Accepting a Quick Settlement

Insurance companies may offer fast settlements in cases involving pre-existing conditions, hoping victims will accept before realizing the full impact of the accident on their health. Quick settlements often fail to account for:

  • Future Medical Treatment – A settlement may not cover long-term physical therapy, surgeries, or worsening symptoms that develop over time.
  • Ongoing Pain and Suffering – Non-economic damages, such as emotional distress and reduced quality of life, are often undervalued in early offers.
  • Lost Earning Potential – If an injury limits a victim’s ability to work, a rushed settlement may not reflect lost wages or reduced earning capacity.

Once a settlement is accepted, victims waive their right to seek additional compensation. It is important to fully understand the extent of injuries before agreeing to any offer.

Pursuing Legal Action for Full Compensation

When insurers refuse to offer fair compensation, filing a lawsuit may be necessary. Mississippi law allows accident victims to recover damages even if they had pre-existing conditions, but proving an injury was worsened by the accident requires strong evidence. A lawsuit can help:

  • Establish how the accident caused new injuries or aggravated prior conditions
  • Challenge the insurance company’s arguments against full compensation
  • Secure damages for medical expenses, lost income, and pain and suffering

Legal action may also push insurers to offer a fair settlement rather than risk losing in court.

If an insurance company is trying to deny or reduce your claim because of a pre-existing condition, you have the right to fight back. The attorneys at Kellum Law Firm, P.C. know how to challenge these tactics and seek the full compensation you deserve. Call our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 to discuss your case and protect your rights.

Frequently Asked Questions

Can I still recover compensation if I had a pre-existing condition?
Yes. Mississippi law allows accident victims to seek damages even if they had a pre-existing condition. If the crash made the condition worse or caused new injuries, the at-fault party is still responsible for those damages.

How do insurance companies use pre-existing conditions to deny claims?
Insurance adjusters review medical records to argue that an injury existed before the accident. They may claim that the accident did not worsen the condition or that treatment would have been needed regardless of the crash.

How can I prove that the accident aggravated my pre-existing condition?
Medical records showing the condition before and after the accident are key. A doctor’s statement explaining how the accident worsened the injury can also strengthen the claim.

Should I tell the insurance company about my pre-existing condition?
Honesty is important, but be cautious about how much information you provide. Insurance companies often use broad medical record requests to search for reasons to deny a claim. An attorney can help ensure that only relevant information is shared.

What should I do if the insurance company denies my claim because of a pre-existing condition?
A denial does not mean the case is over. If the insurer refuses to pay, legal action may be necessary. An attorney can challenge the denial by presenting medical evidence and expert testimony.

Why should I be careful about signing medical release forms for the insurance company?
Insurers often request broad medical authorizations to access years of medical history. They use this information to find unrelated conditions and argue that an injury was not caused by the accident.

How do insurance companies calculate settlements when a pre-existing condition is involved?
Insurers look at medical records, accident details, and treatment costs. They may reduce payouts if they argue that part of the injury existed before the crash. A strong legal case can challenge these reductions.

Should I accept the first settlement offer if I have a pre-existing condition?
Early offers often undervalue long-term medical needs and pain and suffering. A quick settlement may not account for future treatments or complications. Consulting with an attorney ensures a fair evaluation of damages.

What if my injuries prevent me from working?
If a car accident worsens a condition to the point that it affects employment, victims may be entitled to compensation for lost wages and reduced earning capacity.

Can Kellum Law Firm help if the insurance company is using my medical history against me?
Yes. Insurance companies often use pre-existing conditions as an excuse to avoid paying fair compensation. An experienced attorney can present medical evidence, expert testimony, and legal arguments to fight these tactics.

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

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How Insurance Companies Work to Pay You Less Than You Deserve

After a car accident in Mississippi, one of the first calls you receive will likely be from an insurance adjuster. They may sound helpful and concerned about your injuries, but their job is not to ensure you receive fair compensation. Insurance companies are businesses, and their goal is to protect their bottom line by paying out as little as possible. Understanding the tactics they use can help you avoid costly mistakes and ensure you receive the full amount you deserve.

Common Insurance Adjuster Tactics That Reduce Your Settlement

Pressuring You to Accept a Quick Settlement

One of the most common strategies insurance companies use is offering a fast settlement before you fully understand the extent of your injuries and damages. While this may seem like an easy way to get some money quickly, early settlement offers rarely cover long-term medical expenses, ongoing treatment, lost income, or pain and suffering. Once you accept, you cannot request more money later, even if new medical issues arise.

Requesting a Recorded Statement

Insurance adjusters often ask for a recorded statement soon after an accident. They may claim it is a routine part of the process, but their real goal is to use your words against you. Anything you say can be twisted to minimize your injuries or shift some of the blame onto you. Even innocent statements such as “I feel okay” can be used to argue that your injuries are not severe. It is best to decline recorded statements and let an attorney handle communication with the insurance company.

Blaming You for the Accident

Mississippi follows a pure comparative negligence rule, meaning your compensation can be reduced if you are found partially at fault for the accident. Insurance adjusters use this to their advantage by attempting to shift as much blame onto you as possible. The more fault they assign to you, the less they have to pay. They may argue that you were speeding, distracted, or could have avoided the crash. Having strong evidence, such as police reports and witness statements, can counter these tactics.

Disputing the Severity of Your Injuries

Even if medical records clearly show your injuries, adjusters often downplay their severity. They may argue that your injuries are pre-existing, not as serious as you claim, or that they should have healed faster. They may even send you to a doctor of their choosing for a second opinion that favors their position. Working with your own medical professionals and keeping thorough records of your treatments and symptoms is crucial.

Delaying the Claims Process

Insurance companies know that accident victims often struggle financially after a crash. Medical bills, lost wages, and vehicle repair costs add up quickly, and many people feel pressured to settle just to pay their expenses. Adjusters may intentionally delay processing your claim in the hopes that you will become desperate enough to accept a low offer. This is why having an attorney handle negotiations can make a difference—they know how to keep the process moving forward.

Using Social Media Against You

Anything you post on social media after an accident can be used as evidence against you. Even something as simple as a picture of you at a family event can be misinterpreted as proof that you are not seriously injured. Adjusters and defense attorneys will look for anything they can use to question the severity of your injuries or contradict your statements. Avoid posting about the accident, your injuries, or your activities while your claim is ongoing.

Telling You That You Don’t Need a Lawyer

One of the biggest red flags is when an adjuster suggests that hiring a lawyer is unnecessary. They know that claimants who work with attorneys recover significantly more compensation than those who negotiate on their own. Without legal representation, it is much easier for them to pressure you into accepting a low settlement. Hiring an attorney ensures that your claim is handled properly and that you receive the full amount you are entitled to.

The Risks of Accepting a Quick Settlement

Insurance companies want to resolve claims quickly and for as little money as possible. Once you sign a settlement agreement, you waive your right to pursue any further compensation. Many accident victims later realize that their settlement does not cover their future medical expenses, lost income, or pain and suffering. Some risks of quick settlements include:

  • Undiagnosed or Worsening Injuries – Some injuries, such as traumatic brain injuries or spinal issues, may not show symptoms immediately. If you settle too soon, you may be left paying for treatment out of pocket.
  • Future Lost Wages – If your injuries prevent you from working in the future, a low settlement may not provide enough compensation for long-term lost income.
  • Pain and Suffering Damages – Insurance companies rarely include full pain and suffering damages in their initial offers. These non-economic damages can be a significant part of your claim.

Before accepting any settlement, it is important to evaluate the long-term impact of your injuries and ensure all damages are accounted for.

Pursuing Legal Action When Insurance Companies Refuse to Pay Fairly

When an insurance company refuses to offer fair compensation, filing a personal injury lawsuit may be necessary. Lawsuits often push insurers to settle for a more reasonable amount rather than risk going to trial. Legal action can help recover:

  • Full medical expenses, including future treatments
  • Lost wages and reduced earning capacity
  • Pain and suffering damages
  • Compensation for permanent disabilities or disfigurement

An attorney can handle all communication with the insurance company, gather evidence, and build a strong case to secure the compensation you deserve.

If you have been injured in a Mississippi car accident, do not let the insurance company pressure you into accepting less than you deserve. The attorneys at Kellum Law Firm, P.C. can fight for your rights and ensure you receive full compensation. Call our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 to discuss your case and protect your future.

Frequently Asked Questions

Why do insurance adjusters offer quick settlements after a car accident?
Insurance companies want to settle claims as quickly and cheaply as possible. They know that accident victims may not yet understand the full extent of their injuries or long-term financial losses. By offering a low settlement early on, they hope to close the case before the victim has time to assess the real value of their claim.

Should I give a recorded statement to the insurance company?
It is best to avoid giving a recorded statement. Insurance adjusters are trained to ask questions that can be used to downplay your injuries or shift blame onto you. Even simple statements can be taken out of context. Let your attorney handle all communication with the insurance company to avoid potential pitfalls.

How do I know if the insurance company’s offer is fair?
A fair settlement should cover all medical bills, lost income, pain and suffering, and future expenses related to your injuries. Insurance companies often offer much less than what a claim is truly worth. Speaking with an attorney can help determine if the offer adequately compensates you.

What happens if the insurance company denies my claim?
If your claim is denied, you have the right to appeal or file a lawsuit. Insurance companies deny claims for many reasons, including disputing liability, downplaying injuries, or arguing that medical treatment was unnecessary. Legal representation can help challenge a wrongful denial and fight for the compensation you deserve.

Can I still get compensation 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 at fault. However, your compensation will be reduced by your percentage of fault. Insurance adjusters often try to assign more blame to victims to reduce their payouts. Having strong evidence can help protect your claim.

How long do I have to file a lawsuit after a car accident in Mississippi?
The statute of limitations for personal injury claims in Mississippi is three years from the date of the accident. If you miss this deadline, you may lose your right to seek compensation. It is important to act quickly to preserve evidence and build a strong case.

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

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Understanding the Rights of Families Under Mississippi’s Wrongful Death Statutes

Losing a loved one in a car accident is one of the most devastating experiences a family can endure. The emotional and financial impact can be overwhelming, especially when the accident was caused by another driver’s negligence. Mississippi law allows surviving family members to pursue a wrongful death claim to seek compensation for their losses. Knowing how the process works, who is eligible to file, and what damages can be recovered is essential to ensuring justice for your loved one.

Who Can File a Wrongful Death Claim in Mississippi?

Mississippi’s wrongful death statute (Miss. Code Ann. § 11-7-13) outlines who is eligible to bring a claim after a fatal accident. The following individuals may file a lawsuit:

  • The personal representative of the deceased person’s estate
  • The surviving spouse
  • The surviving children
  • The parents of the deceased
  • The surviving siblings (if there is no spouse, child, or parent)

If multiple family members file separate claims, the court may consolidate them into one lawsuit. The purpose of this claim is to recover damages for both the estate and surviving relatives who have suffered due to the loss.

Compensation Available in a Mississippi Wrongful Death Claim

Families who lose a loved one in a car accident may be entitled to recover compensation for various losses, including:

Economic Damages

These damages cover the financial impact of the accident and include:

  • Medical expenses related to the deceased’s final treatment
  • Funeral and burial costs
  • Lost income the deceased would have earned over their lifetime
  • Loss of benefits such as health insurance or retirement contributions

Non-Economic Damages

These damages compensate for the emotional and psychological impact of losing a loved one:

  • Loss of companionship, guidance, and emotional support
  • Pain and suffering experienced by the deceased before passing
  • Emotional distress suffered by surviving family members

Punitive Damages

In cases involving reckless or intentional misconduct—such as a fatal accident caused by a drunk driver—the court may award punitive damages to punish the at-fault party and deter similar behavior.

The Risks of Accepting a Quick Settlement After a Fatal Car Accident

Insurance companies often approach grieving families with settlement offers soon after a fatal accident. While these offers may seem helpful during a difficult time, they rarely reflect the full value of the claim. There are several reasons why quick settlements should be approached with caution.

Future Expenses May Not Be Covered

Settlements presented early in the process often do not account for future financial losses. A fair settlement should include lost income the deceased would have provided, medical expenses, and the financial impact on surviving family members. Accepting an offer too soon may result in long-term financial hardship.

Pain and Suffering Damages Are Often Minimized

Insurance companies use formulas to determine pain and suffering damages, but these calculations often undervalue the emotional toll of losing a loved one. Having legal representation ensures that these damages are fully considered.

The Right to Pursue Additional Compensation Is Lost

Once a settlement is accepted, the family gives up the right to seek further legal action. If unexpected costs arise later, such as medical bills from life-saving efforts before death, families cannot seek additional funds.

Legal Action May Lead to a Higher Recovery

Wrongful death cases often require thorough investigations, accident reconstruction, and expert testimony. Pursuing legal action can result in significantly higher compensation than a quick settlement. A skilled attorney can negotiate with insurers or take the case to court if necessary.

Filing a Lawsuit to Secure Full Compensation

If the insurance company refuses to offer a fair settlement, a wrongful death lawsuit may be necessary. A lawsuit allows for:

  • A full investigation into the accident
  • Testimony from medical and economic experts to assess the long-term impact of the loss
  • The ability to present the case before a jury if the insurance company does not agree to a fair resolution

Mississippi law sets a three-year statute of limitations for wrongful death claims. Filing within this timeframe is critical to preserving the right to compensation. The sooner a claim is pursued, the stronger the case will be, as evidence and witness testimony remain fresh.

Call FOR A FREE CONSULTATION

If you have lost a loved one in a fatal car accident, you deserve to understand your legal rights and the full compensation available under Mississippi law. The attorneys at Kellum Law Firm, P.C. are ready to fight for your family’s justice. Call our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 to discuss your options and secure the financial stability your family needs.

Wrongful Death Claim Frequently Asked Questions

How does Mississippi define wrongful death in a car accident case?
Mississippi law defines wrongful death as a death caused by another party’s negligence, recklessness, or intentional actions. If the deceased could have filed a personal injury lawsuit had they survived, their family has the right to file a wrongful death claim.

Who is responsible for paying damages in a wrongful death case?
The at-fault driver’s insurance company typically pays damages in wrongful death claims. If the driver was uninsured or underinsured, the victim’s uninsured motorist coverage may provide compensation. In some cases, multiple parties, such as vehicle manufacturers or government entities responsible for road maintenance, may share liability.

What if the deceased was partially at fault for the accident?
Mississippi follows a pure comparative negligence rule, meaning that if the deceased was partially at fault, their family can still recover compensation. However, the amount awarded will be reduced based on the percentage of fault assigned to the deceased.

How long does a wrongful death claim take to resolve?
The timeline for a wrongful death claim depends on several factors, including whether a settlement is reached or if the case goes to trial. Some cases settle in a matter of months, while others can take years if litigation is necessary. Insurance companies often delay claims to pressure families into accepting lower offers.

Can a wrongful death settlement be divided among multiple family members?
Yes, if multiple eligible family members file a claim, the court may determine how to distribute the settlement. Typically, the surviving spouse and children receive the largest portion, but parents or siblings may also be entitled to compensation if there is no surviving spouse or child.

What types of evidence help strengthen a wrongful death claim?
Strong evidence includes accident reports, witness statements, medical records, financial documentation of lost income, and testimony from experts who can assess the long-term impact of the loss. The more comprehensive the evidence, the stronger the case for maximum compensation.

What if the at-fault driver was drunk or reckless?
When a fatal accident is caused by drunk or reckless driving, punitive damages may be awarded in addition to compensatory damages. These damages serve to punish the at-fault party and deter similar behavior. Courts take cases involving reckless conduct very seriously.

Is it better to settle or go to trial in a wrongful death case?
While settlements are often preferred because they provide quicker compensation, they may not always be fair. If an insurance company refuses to offer reasonable compensation, taking the case to trial may be the best option. An experienced attorney can evaluate whether a settlement offer is sufficient or if litigation is necessary.

Why is legal representation important in a wrongful death case?
Wrongful death claims involve complex legal and financial issues. Insurance companies often try to reduce payouts, and filing a claim without legal guidance can result in receiving far less than what a family truly deserves. An attorney can ensure the full scope of damages is considered and fight for fair compensation.

How do I start a wrongful death claim in Mississippi?
The first step is to gather evidence about the accident and consult an attorney. The legal team at Kellum Law Firm, P.C.can handle the investigation, negotiate with insurance companies, and take legal action if necessary. Calling for a consultation ensures the claim is handled correctly from the beginning.

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
DIRECTIONS

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Who Pays for Your Medical Expenses and How to Protect Your Right to Full Compensation

Car accidents often leave victims with expensive medical bills, and knowing who pays for these costs can be confusing. Mississippi follows an at-fault insurance system, meaning the driver responsible for the accident is legally required to cover the damages. However, getting the at-fault driver’s insurance to pay is not always immediate, and victims often need to explore other options while their claim is being processed.

Several methods are available to handle medical expenses, including health insurance, medical liens, MedPay coverage, and settlements. Understanding how these options work can help ensure that victims receive the care they need without jeopardizing their financial future.

Who Pays for Medical Bills After a Car Accident in Mississippi?

The payment process depends on several factors, including who was at fault, the types of insurance coverage involved, and whether the victim pursues legal action. The main options for covering medical expenses include:

1. The At-Fault Driver’s Insurance

Mississippi law requires all drivers to carry liability insurance with minimum coverage of:

  • $25,000 per person for bodily injury
  • $50,000 per accident for bodily injury
  • $25,000 for property damage

If another driver caused the accident, their insurance should cover medical expenses up to the policy limits. However, insurance companies often delay or deny claims, requiring victims to find alternative ways to cover medical costs while their case is being resolved.

2. Medical Payments Coverage (MedPay)

MedPay is optional coverage that helps pay medical bills, regardless of who was at fault. This coverage can be used immediately for expenses such as:

  • Emergency room visits
  • Hospital stays
  • Ambulance fees
  • Doctor’s appointments
  • Physical therapy

MedPay coverage is typically available in amounts ranging from $1,000 to $10,000. While this can provide immediate relief, it may not be enough to cover serious injuries.

3. Health Insurance

Many accident victims use their personal health insurance to cover medical expenses while waiting for a settlement. Health insurance can help pay for:

  • Surgery
  • Rehabilitation
  • Prescription medications
  • Ongoing treatment

However, if a settlement is later reached, the health insurance provider may demand reimbursement for the costs it covered. This is known as subrogation, and failing to account for it can result in unexpected financial obligations.

4. Medical Liens

Some healthcare providers agree to treat accident victims on a medical lien, which means they provide care upfront in exchange for repayment from the final settlement. This arrangement allows victims to receive treatment without immediate out-of-pocket expenses, but providers often place liens directly on settlement funds, reducing the amount a victim receives.

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

If the at-fault driver lacks insurance or does not have enough to cover medical expenses, UM/UIM coverage can provide compensation. This coverage is not required in Mississippi, but drivers who carry it can use it to help pay medical bills when the responsible driver is uninsured or underinsured.

The Risks of Accepting a Quick Settlement

Insurance companies frequently offer quick settlements to accident victims, but these offers are often much lower than what is needed to cover all damages. Victims should be cautious for several reasons:

  • Future Medical Costs May Not Be Accounted For – Some injuries require long-term treatment, surgeries, or physical therapy. Settling too early could leave a victim responsible for these future expenses.
  • Lost Wages and Reduced Earning Capacity May Be Ignored – A settlement may only cover immediate lost wages, without factoring in ongoing income loss due to permanent injuries.
  • Pain and Suffering Compensation May Be Undervalued – Insurance companies often exclude or downplay non-economic damages like emotional distress and chronic pain.
  • Accepting a Settlement Means Giving Up the Right to More Compensation – Once a settlement is accepted, victims cannot seek additional compensation, even if new medical issues arise.

Mississippi’s statute of limitations for personal injury claims is three years, which allows time to assess injuries, gather medical records, and negotiate a fair settlement. Consulting with an attorney before accepting any offer ensures that all future medical needs and damages are considered.

Pursuing Legal Action to Recover Full Compensation

When insurance companies refuse to pay fair compensation, filing a lawsuit may be necessary. Legal action allows victims to seek damages for:

  • Medical Expenses – Past, present, and future medical costs related to the accident.
  • Lost Wages and Future Earnings – Compensation for missed work and any reduction in future earning capacity.
  • Pain and Suffering – Damages for ongoing physical pain, emotional distress, and reduced quality of life.
  • Property Damage – The cost of repairing or replacing a damaged vehicle.

While many cases settle before trial, insurance companies are more likely to offer a fair amount when they know legal action is an option.

If you have medical bills from a car accident in Mississippi, understanding your payment options is critical to protecting your financial future. The attorneys at Kellum Law Firm, P.C. can help ensure that your medical expenses are covered and fight for the full compensation you deserve. Call our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 to discuss your options today.

Frequently Asked Questions

Who is responsible for paying medical bills after a car accident in Mississippi?
Mississippi follows an at-fault system, meaning the driver responsible for the accident is supposed to cover medical expenses. However, their insurance may not pay right away, so victims often use health insurance, MedPay, or medical liens in the meantime.

What if the at-fault driver’s insurance refuses to pay my medical bills?
If the insurance company denies or delays payment, legal action may be necessary. A personal injury claim can force the insurer to pay what is owed and may include additional compensation for pain and suffering.

Should I use my health insurance to pay medical bills after a car accident?
Using health insurance can help cover immediate expenses while waiting for a settlement. However, your insurer may require reimbursement from your settlement through subrogation.

What is MedPay, and how does it help with car accident medical bills?
MedPay is an optional coverage that pays medical expenses regardless of fault. It can help cover hospital visits, doctor appointments, and rehabilitation costs.

How do medical liens work in car accident cases?
Medical liens allow victims to receive treatment without upfront payment. The healthcare provider places a lien on the settlement, meaning they will be paid directly when the case is resolved.

Can I get compensation for future medical expenses?
Yes. If ongoing treatment is required, future medical costs should be included in any settlement or court award. This is why it is important not to accept a settlement before knowing the full extent of injuries.

What happens if the at-fault driver doesn’t have enough insurance to cover my medical bills?
If the responsible driver’s policy limits are too low, victims may file a claim under their uninsured/underinsured motorist coverage (UM/UIM) or pursue a lawsuit against the driver personally.

Is there a time limit for filing a car accident injury claim in Mississippi?
Yes, Mississippi law allows victims three years from the accident date to file a claim. Missing this deadline means losing the right to compensation.

Why should I avoid accepting the first settlement offer?
Initial offers from insurance companies are often low and may not account for future medical expenses or lost wages. Once accepted, a victim cannot ask for more money later.

How can an attorney help me get my medical bills paid?
An attorney can negotiate with insurers, challenge denied claims, arrange medical liens, and pursue legal action if necessary. This ensures that all medical costs are covered and that victims receive the compensation they deserve.

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
DIRECTIONS

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Protecting Your Rights and Maximizing Compensation After a Crash

Car accidents can leave victims dealing with medical bills, lost wages, and ongoing pain. While some claims may be straightforward, many involve disputes over fault, insurance company tactics, and undervalued settlements. Knowing when to hire a lawyer can make the difference between recovering the full compensation you deserve and settling for less than what your injuries will cost over time.

When Hiring a Lawyer is Necessary

Not every car accident claim requires legal representation, but certain situations make hiring an attorney essential. Here are some key signs that legal help is necessary:

The Insurance Company Offers a Quick, Low Settlement

Insurance companies are businesses, and their goal is to settle claims for the lowest amount possible. Adjusters often pressure victims into accepting early settlements before the full extent of injuries is known. Once a settlement is accepted, you give up the right to seek additional compensation. A lawyer can assess whether an offer truly covers all current and future expenses.

Your Injuries Are Serious or Long-Term

If you suffered broken bones, spinal cord damage, traumatic brain injuries, or any other serious condition, the costs will extend far beyond an initial hospital visit. Medical treatments, rehabilitation, and lost income should all be factored into a settlement. Attorneys work with medical professionals to estimate the long-term impact of injuries and fight for full compensation.

Fault is Disputed

Mississippi follows a pure comparative negligence system, meaning your compensation is reduced based on your percentage of fault. Insurance companies often try to shift blame onto the victim to lower their payout. A lawyer gathers evidence, such as accident reports, witness statements, and expert testimony, to establish liability and prevent unfair blame.

The Other Driver is Uninsured or Underinsured

If the at-fault driver lacks sufficient coverage, recovering compensation becomes more difficult. Mississippi requires minimum liability coverage of $25,000 per person and $50,000 per accident, but serious injuries often exceed these limits. A lawyer can explore options like uninsured/underinsured motorist coverage, personal injury protection, or filing a lawsuit against the responsible driver.

Your Claim Has Been Denied

Insurance companies sometimes deny claims outright, arguing that the accident wasn’t their policyholder’s fault, the injuries weren’t caused by the crash, or the damages aren’t as severe as claimed. Legal representation is critical in appealing denials and holding insurers accountable.

There is a Wrongful Death Claim

If a loved one was killed in a car accident, surviving family members may pursue a wrongful death claim. These cases involve complex legal issues, including proving negligence and calculating financial and emotional losses. An attorney can handle these challenges while families focus on grieving and healing.

How Not Wearing a Seatbelt Affects Your Claim

Mississippi law requires drivers and passengers to wear seatbelts, but failing to do so does not automatically prevent an injured person from recovering damages. However, insurance companies may use the seatbelt defense to argue that injuries would have been less severe if a seatbelt had been worn.

Mississippi follows a pure comparative negligence rule, which means a victim’s compensation is reduced based on their percentage of fault. If an insurance company convinces a jury that not wearing a seatbelt contributed to 20% of a victim’s injuries, the final compensation will be reduced by 20%.

It is important to note that Mississippi does not have a law that specifically allows or prohibits using seatbelt non-compliance as evidence in personal injury claims. However, insurers often attempt to introduce this argument, making legal representation valuable in countering these claims.

The Risks of Accepting a Quick Settlement

After a car accident, insurance companies move fast to settle claims before victims fully understand their financial needs. A quick settlement may seem appealing, but there are significant risks involved.

Future Medical Expenses May Not Be Covered

Some injuries, such as whiplash, back injuries, and concussions, may not show symptoms immediately. Others may require long-term treatment, physical therapy, or surgery. A fast settlement often fails to account for these future costs.

Lost Wages and Earning Capacity May Be Undervalued

Many victims need time off work to recover, and some may never return to the same job or earning potential. Insurers often exclude future lost wages in early settlement offers.

Pain and Suffering Damages Are Often Ignored

Insurance companies focus on economic losses but often undervalue non-economic damages like pain and suffering, emotional distress, and loss of enjoyment of life. Without a lawyer, victims may not realize they are entitled to compensation for these losses.

Once You Accept, You Can’t Seek More Compensation

Signing a settlement agreement typically means giving up the right to pursue additional compensation—even if new medical issues arise. A lawyer ensures that all future costs are considered before any agreement is finalized.

Pursuing Legal Action for Full Compensation

When an insurance company refuses to offer fair compensation, legal action may be necessary. Filing a lawsuit allows victims to:

  • Gather stronger evidence of fault and damages
  • Obtain expert testimony to prove long-term impact
  • Seek a fair amount for pain and suffering
  • Hold negligent drivers and insurers accountable

While many cases settle before trial, having legal representation signals to insurance companies that you are serious about recovering the compensation you deserve.

If you or a loved one has been injured in a car accident, legal guidance can help you secure full compensation. Kellum Law Firm, P.C. has experience handling Mississippi car accident claims and fighting for victims’ rights. Call our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 to discuss your case and protect your financial future.

Car Accident Lawyer Frequently Asked Questions

What are the benefits of hiring a lawyer after a car accident in Mississippi?
A lawyer helps protect your rights by handling negotiations, gathering evidence, and ensuring you receive full compensation for medical bills, lost wages, and pain and suffering. Legal representation is particularly important when the insurance company disputes liability or offers a low settlement.

Can I still get compensation if I was partially at fault for the accident?
Yes. Mississippi follows a pure comparative negligence system, which means you can recover damages even if you were partly responsible. However, your compensation will be reduced by your percentage of fault.

How does not wearing a seatbelt impact my car accident claim?
While Mississippi law requires seatbelt use, failure to wear one does not automatically prevent recovery. However, insurance companies may argue that your injuries were made worse by not wearing a seatbelt, potentially reducing your compensation under comparative negligence laws.

Should I accept the first settlement offer from an insurance company?
No. Initial offers are often lower than what victims deserve. Insurers make quick settlement offers to limit payouts before the full impact of an injury is known. A lawyer can help evaluate whether an offer is fair and negotiate for a higher amount if necessary.

How long do I have to file a lawsuit after a car accident in Mississippi?
Mississippi law allows three years from the date of the accident to file a personal injury lawsuit. If this deadline is missed, the right to recover compensation may be lost.

What should I do if the insurance company denies my claim?
If a claim is denied, you can challenge the decision through an appeal or by filing a lawsuit. A lawyer can help gather additional evidence, challenge the insurer’s reasoning, and fight for fair compensation.

Can I handle my Mississippi car accident claim without a lawyer?
While some minor claims can be handled without legal assistance, cases involving serious injuries, disputed fault, or low settlement offers benefit from legal representation. Attorneys ensure that victims receive all the compensation they deserve.

How much does it cost to hire a car accident lawyer?
Most personal injury lawyers, including those at Kellum Law Firm, work on a contingency fee basis, meaning they only get paid if they win your case. There are no upfront costs, and attorney fees are deducted from the final settlement or verdict.

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
DIRECTIONS

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Why Some Damages Go Beyond Medical Bills and Lost Wages

Car accidents often lead to more than just medical expenses and vehicle repairs. Many victims face lasting physical pain, emotional distress, and a reduced quality of life. These hidden costs, known as pain and suffering damages, can have a significant impact on a person’s well-being long after the accident. Mississippi law allows victims to pursue compensation for these losses, but insurance companies often minimize or deny them. Understanding how pain and suffering damages are handled, how not wearing a seatbelt may impact a claim, and the risks of accepting a quick settlement can help victims protect their rights.

Understanding Pain and Suffering in Mississippi Car Accident Claims

Pain and suffering refer to the physical and emotional impact of an accident. Unlike medical bills or lost wages, these damages are harder to quantify. Mississippi law allows victims to pursue compensation for:

  • Physical Pain – Ongoing pain caused by injuries, surgeries, or long-term conditions like nerve damage or chronic headaches.
  • Emotional Distress – Anxiety, depression, or post-traumatic stress disorder (PTSD) resulting from the trauma of the accident.
  • Loss of Enjoyment of Life – A diminished ability to participate in activities or hobbies that once brought joy.
  • Disfigurement and Scarring – Permanent marks, amputations, or burns that affect self-esteem and daily life.
  • Loss of Consortium – The impact of injuries on relationships, particularly between spouses.

Mississippi does not impose a strict formula for calculating these damages. Instead, courts consider factors like the severity of injuries, the duration of suffering, and the extent to which the accident altered the victim’s life. Insurance companies may use multipliers—applying a number to economic damages—to estimate pain and suffering, but these calculations often undervalue the true impact of an injury.

Does Not Wearing a Seatbelt Affect Your Ability to Recover Damages?

Mississippi law requires drivers and passengers to wear seatbelts, but failing to do so does not automatically bar an injury claim. However, insurance companies and defense attorneys may argue that a victim’s injuries would have been less severe if they had been wearing a seatbelt. This is known as the seatbelt defense.

Mississippi follows a pure comparative negligence rule, meaning that a victim’s compensation is reduced by their percentage of fault. If an insurer or court determines that failing to wear a seatbelt contributed to the severity of injuries, a victim’s damages may be reduced. For example, if a victim is found to be 20% responsible for their own injuries due to not wearing a seatbelt, their total compensation would be reduced by 20%.

It is important to note that Mississippi does not have a law that explicitly allows the seatbelt defense, meaning it is not a guaranteed argument for the defense. However, insurance companies frequently attempt to use this argument to minimize payouts. A strong legal strategy can counteract these claims and protect an injured victim’s right to full compensation.

The Risks of Accepting a Quick Settlement Offer

Insurance companies often pressure victims to accept a settlement soon after an accident. These early offers may seem appealing, especially when medical bills and lost income create financial stress. However, accepting a quick settlement can be risky for several reasons:

  1. Future Medical Costs May Not Be Covered – Some injuries require ongoing treatment, physical therapy, or surgeries. A low settlement may not account for these future expenses.
  2. Lost Wages and Reduced Earning Capacity Are Often Undervalued – A settlement may cover immediate lost wages but fail to compensate for long-term income loss due to permanent injuries.
  3. Pain and Suffering May Be Minimized – Insurance companies often exclude or undervalue non-economic damages like emotional distress and loss of enjoyment of life.
  4. You Give Up the Right to Sue – Once a settlement is accepted, victims typically sign a release waiving any future claims. If new medical issues arise, they will not be able to seek additional compensation.

Mississippi’s statute of limitations for personal injury claims is three years from the date of the accident. This allows victims time to assess the full extent of their damages before deciding whether to accept a settlement or pursue legal action. Consulting with an attorney before accepting any offer ensures that a victim does not settle for less than what they deserve.

Pursuing Legal Action for Full Compensation

When insurance companies refuse to offer fair compensation, filing a lawsuit may be necessary. Legal action can help victims recover damages beyond what insurers are willing to pay. A personal injury lawsuit allows for:

  • A full evaluation of current and future damages
  • Testimony from medical professionals about the long-term impact of injuries
  • Documentation of emotional distress and reduced quality of life
  • A stronger case for pain and suffering damages that insurers may otherwise ignore

Going to trial is not always necessary, as many claims are resolved through negotiations. However, the threat of legal action often pushes insurers to offer more reasonable settlements.

Car accidents can leave victims facing more than just medical bills. If you have suffered pain and suffering due to an accident in Mississippi, the attorneys at Kellum Law Firm, P.C. can help you seek the compensation you deserve. Call our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 to discuss your options and protect your rights.

Mississippi Car Accident Frequently Asked Questions

How do courts calculate pain and suffering in Mississippi car accident cases?
There is no fixed formula for calculating pain and suffering in Mississippi. Courts consider factors such as the severity of injuries, the duration of suffering, and how the injuries affect daily life. Insurance companies may use a multiplier method, but this often undervalues a victim’s true experience.

Can I still recover damages if I wasn’t wearing a seatbelt?
Yes, but your compensation may be reduced if the defense argues that your injuries were worse because you were unbelted. Mississippi follows a pure comparative negligence rule, meaning your damages will be reduced based on your percentage of fault. However, the seatbelt defense is not automatically accepted in every case.

Why do insurance companies make quick settlement offers?
Insurance companies aim to pay as little as possible. By offering a quick settlement, they hope to resolve the claim before a victim fully understands the extent of their injuries or future medical needs. These early offers often leave out pain and suffering damages and do not account for long-term expenses.

Should I accept the first settlement offer after a car accident?
Accepting the first offer is rarely a good idea. Initial settlements are usually low and may not cover ongoing medical treatment or lost income. Before agreeing to a settlement, it is important to assess all current and future damages and consult an attorney.

What should I do if the insurance company denies my claim for pain and suffering?
If an insurer refuses to pay for pain and suffering damages, legal action may be necessary. This could involve filing a personal injury lawsuit or negotiating a higher settlement. An attorney can help present medical records, expert testimony, and other evidence to strengthen the case.

How long do I have to file a car accident lawsuit in Mississippi?
Mississippi law allows victims three years from the date of the accident to file a personal injury claim. However, waiting too long can make it harder to gather evidence and pursue full compensation.

What happens if I accept a settlement and later realize my injuries are worse than expected?
Once a settlement is accepted, you typically cannot seek additional compensation. This is why it is crucial to fully assess injuries before signing any settlement agreement. Future medical expenses, lost wages, and pain and suffering should all be considered.

How do I know if my pain and suffering claim is strong?
A strong pain and suffering claim includes medical documentation, proof of ongoing treatment, psychological evaluations (if emotional distress is involved), and testimony about how the injury has affected daily life. The more evidence presented, the stronger the claim.

Can I still file a lawsuit if I already started settlement negotiations?
Yes, as long as you have not signed a settlement agreement. Once an agreement is finalized, you waive your right to further compensation. If negotiations are not yielding fair results, a lawsuit may be the next step.

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
DIRECTIONS

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Understanding How Not Wearing a Seatbelt Affects Your Right to Compensation

Mississippi requires drivers and passengers to wear seatbelts, but failing to do so does not automatically mean an injured person is ineligible for compensation. The state’s laws impact how not wearing a seatbelt is considered in personal injury claims, particularly when determining fault and calculating damages. Understanding these legal issues can help protect your right to financial recovery after a crash.

Mississippi’s Seatbelt Laws and Their Role in Car Accident Claims

Mississippi law requires all drivers, front-seat passengers, and certain rear-seat passengers to wear seatbelts. However, Mississippi does not allow the lack of seatbelt use to be used as evidence of negligence in determining fault. This means that an insurance company or defense attorney cannot argue that simply failing to wear a seatbelt caused the crash.

That being said, insurance companies may still attempt to minimize claims by suggesting that injuries were worsened because a seatbelt was not used. Understanding how these tactics work can help accident victims seek the full compensation they deserve.

Comparative Negligence in Mississippi and the Seatbelt Defense

Mississippi follows a pure comparative negligence rule, meaning that an injured person can still recover damages even if they were partially at fault. If a court finds that an injured person was partly responsible for their own injuries—such as by not wearing a seatbelt—it can reduce the total compensation by their percentage of fault.

For example:

  • If someone was awarded $100,000 in damages but was found to be 25% responsible due to not wearing a seatbelt, they would receive $75,000 instead.
  • Even if the injured party was 99% responsible, they could still recover 1% of the awarded damages.

While Mississippi does not allow the lack of seatbelt use to determine fault in the accident itself, insurers and defendants may argue that it contributed to the severity of injuries, reducing the potential payout.

How Insurance Companies Use Seatbelt Non-Use to Minimize Claims

Insurance adjusters aim to pay out as little as possible. They often attempt to shift blame onto the injured person, even when Mississippi law prevents them from using seatbelt non-use as an argument for fault. Some ways insurers attempt to reduce claims include:

  • Claiming injuries could have been prevented or reduced – Adjusters may argue that injuries were worse due to the lack of a seatbelt, even though proving this can be difficult.
  • Offering low settlement amounts early in the process – Insurers may propose quick payouts that fail to cover long-term medical needs, lost income, or pain and suffering.
  • Using medical records to suggest a lack of mitigation – If an injury could have been less severe with a seatbelt, insurers may argue that the victim contributed to their damages.

Understanding these tactics can help injured individuals avoid accepting unfair settlements.

The Risks of Quick Settlements and How They Can Impact Future Compensation

After an accident, insurance companies often encourage victims to accept fast settlements. While this might seem appealing, it can be a mistake. Injuries may take time to fully manifest, and once a settlement is accepted, no further compensation can be pursued.

Dangers of Accepting a Low Settlement Offer Too Soon

  • Future medical costs may not be accounted for – Some injuries, such as spinal damage or brain trauma, may require long-term care. A fast settlement may not cover future treatment.
  • Loss of wages and future earning potential – If an injury affects the ability to work, the settlement must reflect lost earnings, including potential future losses.
  • Pain and suffering damages may be undervalued – Insurance companies focus on medical bills but often undervalue non-economic damages.

If a settlement is inadequate, legal action may be necessary to secure full compensation. Victims should consider consulting an attorney before accepting any offer to ensure they are not being pressured into taking less than they deserve.

Filing a Personal Injury Lawsuit After a Car Accident in Mississippi

If a fair settlement cannot be reached, filing a lawsuit may be necessary. This involves:

  1. Gathering Evidence – Medical records, accident reports, and expert testimony help build a strong case.
  2. Filing Within the Statute of Limitations – In Mississippi, most car accident claims must be filed within three years from the date of the crash.
  3. Proving Negligence – Demonstrating that another driver or party caused the accident and is responsible for damages.

Legal representation can be crucial when dealing with insurance companies that try to reduce payouts based on seatbelt non-use or other arguments.

If you or a loved one were injured in a car accident and are facing insurance company tactics aimed at minimizing your compensation, Kellum Law Firm, P.C. is ready to help. Contact our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 to discuss your legal options and seek the full compensation you deserve.

Accident Claim Frequently Asked Questions

Does not wearing a seatbelt automatically mean I was at fault for my injuries?
No. Mississippi law prohibits the use of seatbelt non-use as evidence of negligence in determining fault for the accident. However, insurance companies may still argue that failing to wear a seatbelt contributed to the severity of injuries, potentially reducing the amount of compensation awarded.

Can an insurance company deny my claim because I wasn’t wearing a seatbelt?
An insurance company cannot deny a claim solely because a seatbelt was not used. However, they may argue that injuries could have been less severe with a seatbelt, which could impact the settlement amount.

How does comparative negligence affect my case if I wasn’t wearing a seatbelt?
Mississippi follows a pure comparative negligence rule, meaning that if a court determines that not wearing a seatbelt contributed to the severity of your injuries, your compensation could be reduced based on your percentage of fault.

Should I accept a quick settlement offer from the insurance company?
It is generally not advisable to accept an early settlement offer without fully understanding the long-term impact of your injuries. Insurance companies often propose low settlements that may not cover future medical expenses, lost income, or pain and suffering.

How long do I have to file a car accident lawsuit in Mississippi?
Mississippi law allows three years from the date of the accident to file a personal injury lawsuit. Missing this deadline can result in losing the right to pursue compensation.

What types of damages can I recover after a car accident?
Victims may recover damages for medical expenses, lost wages, pain and suffering, and property damage. If negligence was particularly reckless, punitive damages may also be awarded.

How can I prove my injuries if the insurance company argues that a seatbelt would have reduced them?
Medical records, expert testimony, and accident reconstruction analysis can provide evidence that your injuries were caused by the crash itself, rather than by the lack of a seatbelt.

Can I still file a claim if my injuries didn’t appear until weeks after the accident?
Yes. Some injuries, such as concussions or soft tissue damage, may not be immediately noticeable. Seeking medical attention as soon as symptoms arise can help strengthen your case.

What should I do if an insurance adjuster pressures me to settle quickly?
Avoid agreeing to any settlement before consulting a lawyer. Insurance adjusters are trained to minimize payouts, and a quick settlement may not fully cover your expenses.

What if my loved one died in an accident and wasn’t wearing a seatbelt?
Family members may still file a wrongful death claim. While seatbelt non-use may be raised as a defense, Mississippi law allows surviving family members to seek compensation if another driver was responsible for the crash.

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
DIRECTIONS

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Understanding Mississippi’s Pure Comparative Negligence Rule and Your Right to Fair Compensation

Car accidents often involve disputes over who was responsible. Many drivers believe they cannot recover compensation if they are partially to blame, but Mississippi law allows injured victims to seek damages even if they share fault. Understanding Mississippi’s pure comparative negligence rule is critical when determining how much compensation you can recover and what steps to take to protect your rights.

How Mississippi’s Pure Comparative Negligence Rule Works

Mississippi follows a pure comparative negligence system, meaning that an injured party can recover compensation even if they are mostly at fault for the accident. Unlike some states that bar recovery if a driver is more than 50% responsible, Mississippi allows drivers to recover damages regardless of their level of fault.

The amount of compensation a driver receives is reduced by their percentage of fault. For example:

  • If you are awarded $100,000 in damages but found 30% at fault, you would receive $70,000 after the reduction.
  • If you are 80% at fault, you can still recover 20% of your total damages.

This rule is beneficial for accident victims because it ensures that they are not completely barred from recovering compensation, even if they contributed to the crash. However, insurance companies often use comparative negligence to argue for a higher percentage of fault to limit their payout.

How Mississippi’s Comparative Negligence Rule Differs from Other States

Some states follow different systems when it comes to shared fault:

  • Modified Comparative Negligence (50% Rule) – Some states prevent a driver from recovering damages if they are 50% or more at fault. If a driver is 49% or less at fault, they can seek compensation.
  • Modified Comparative Negligence (51% Rule) – Other states bar recovery if a driver is 51% or more at fault. If a driver is found to be 50% or less at fault, they can still receive compensation.
  • Contributory Negligence – A few states completely bar a driver from recovering any compensation if they are even 1% at fault for the accident.

Mississippi’s pure comparative negligence system is more favorable to injured drivers than these stricter approaches. Even if you bear the majority of responsibility for an accident, you can still pursue damages for medical expenses, lost wages, and pain and suffering.

Why Quick Settlements Can Be Risky

After an accident, insurance companies often attempt to settle claims quickly, offering lower payouts to minimize their liability. Accepting an early settlement may seem appealing, especially when facing medical bills or lost wages, but it can create long-term financial problems.

What Insurance Companies Don’t Tell You

  1. Future Medical Costs May Not Be Included – Injuries may require long-term treatment, physical therapy, or additional surgeries. A quick settlement might not consider these future expenses.
  2. Lost Wages and Reduced Earning Capacity Could Be Undervalued – If your injuries affect your ability to work, a settlement may not account for lost future income.
  3. Non-Economic Damages Are Often Ignored – Pain, suffering, and emotional distress are difficult to quantify, and insurers may offer a settlement that doesn’t fully account for these losses.
  4. The Percentage of Fault May Be Disputed – Insurance companies may argue that you are more responsible for the accident than you actually are to reduce their payout under comparative negligence rules.

Pursuing Legal Action if the Settlement Offer is Too Low

If an insurance company refuses to offer fair compensation, filing a personal injury lawsuit may be necessary. Insurance adjusters focus on minimizing payouts, but legal action allows accident victims to present medical evidence, witness testimony, and expert evaluations to demonstrate the full extent of their damages.

Taking legal action does not mean a case will automatically go to trial. Many personal injury claims are resolved through negotiations or mediation before reaching the courtroom. However, having a strong case prepared ensures that you are in the best position to demand full and fair compensation.

If you’ve been injured in a car accident and believe you may be partially at fault, don’t assume you are ineligible for compensation. Mississippi law allows you to recover damages, even if you share responsibility for the crash. The attorneys at Kellum Law Firm, P.C. can evaluate your case, protect your rights, and help you fight for the compensation you deserve. We handle cases throughout all of Mississippi. Contact our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 to discuss your legal options today.

Frequently Asked Questions

What happens if I am found partially at fault for a car accident in Mississippi?

Mississippi follows a pure comparative negligence rule, meaning that even if you are partially responsible for the accident, you can still recover damages. Your compensation will be reduced by your percentage of fault. If you were 40% at fault, for example, you would receive 60% of your total damages.

Can insurance companies try to increase my percentage of fault to pay less?

Yes. Insurance companies frequently try to assign a higher percentage of blame to accident victims to minimize their payout. They may argue that your actions contributed more to the crash than they actually did. Gathering strong evidence, such as photos, witness statements, and medical records, can help counter these claims.

Should I accept the first settlement offer after a Mississippi car accident?

Accepting an early settlement can be risky. Initial offers rarely account for long-term medical expenses, lost wages, and pain and suffering. Once you accept a settlement, you waive your right to seek additional compensation, even if your condition worsens. Consulting with an attorney before accepting an offer ensures that you receive a fair amount.

What if I was more than 50% responsible for the accident?

Unlike some states that bar recovery if a driver is more than 50% at fault, Mississippi allows compensation regardless of fault level. Even if you are 80% responsible, you can still recover 20% of your damages.

How can I prove that I wasn’t as responsible for the accident as the insurance company claims?

Proving your level of fault requires strong evidence. Photos from the accident scene, dashcam footage, medical records, police reports, and witness testimony can all support your case. Expert accident reconstruction may also help demonstrate how the crash occurred.

How does Mississippi’s comparative negligence law differ from other states?

Many states follow a modified comparative negligence rule, which prevents drivers from recovering damages if they are more than 50% or 51% responsible. Mississippi, however, follows a pure comparative negligence rule, meaning there is no threshold for recovery—you can receive compensation no matter how much fault you share.

What types of damages can I recover in a Mississippi car accident lawsuit?

Compensation can include medical expenses, lost wages, property damage, pain and suffering, and future costs related to your injuries. The total amount depends on your percentage of fault and the severity of your injuries.

What should I do if the insurance company denies my claim?

If an insurance company denies your claim or offers an unreasonably low settlement, legal action may be necessary. You have the right to challenge their decision through negotiations or by filing a lawsuit. Seeking legal representation can help ensure that your claim is taken seriously.

Is there a deadline for filing a car accident lawsuit in Mississippi?

Yes. The statute of limitations for personal injury claims in Mississippi is generally three years from the date of the accident. However, if the claim involves a government entity, the deadline may be shorter. Failing to file within the required timeframe can result in losing your right to compensation.

How can a lawyer help with my Mississippi car accident case?

An attorney can gather evidence, handle negotiations with insurance companies, challenge unfair fault assessments, and ensure that you receive full compensation for your injuries. Legal representation is particularly important when dealing with complex issues like shared fault and undervalued claims.

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
DIRECTIONS

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Understanding the Evidence Needed to Hold the At-Fault Driver Liable

Determining who is responsible for a car accident in Mississippi is crucial for securing compensation for medical expenses, lost wages, and pain and suffering. Mississippi follows a fault-based system, meaning the driver who caused the crash is responsible for covering damages. However, proving fault is not always straightforward. Insurance companies often challenge claims, and evidence must support your case.

Collecting the right evidence is key to establishing liability. Witness statements, police reports, traffic camera footage, and expert testimony can all strengthen a claim. Understanding how Mississippi’s comparative negligence laws impact fault can also affect the outcome.

Key Evidence to Prove Fault in a Mississippi Car Accident

1. Police Reports and Official Documentation

Law enforcement officers responding to the scene typically prepare an accident report that details:

  • Statements from drivers and witnesses
  • A preliminary determination of fault
  • Citations issued to any driver
  • Road and weather conditions

Although a police report is not the final word in determining fault, it carries weight with insurance companies and in legal proceedings. If a driver was cited for a traffic violation, such as running a red light or speeding, that evidence can support a claim.

2. Witness Statements

Independent witnesses can provide unbiased accounts of what happened. Their testimony can help confirm details such as:

  • Who had the right of way
  • Whether a driver was using their phone
  • How fast vehicles were traveling
  • Whether a driver appeared intoxicated

Eyewitness testimony can be particularly useful when the drivers involved give conflicting accounts. Obtaining witness contact information at the scene ensures that statements can be collected later.

3. Photos and Videos from the Scene

Visual evidence helps document the extent of damage, road conditions, traffic signals, and any contributing factors. Important photographs include:

  • Vehicle positions before and after the crash
  • Skid marks and debris
  • Traffic signs and signals
  • Weather conditions at the time of the crash

Many intersections and businesses have surveillance cameras that may have recorded the accident. Dashcams from vehicles involved or other drivers on the road can also serve as critical evidence.

4. Expert Testimony and Accident Reconstruction

Accident reconstruction experts analyze the crash by reviewing:

  • Vehicle damage and impact points
  • Roadway conditions
  • Speed calculations based on skid marks
  • Data from onboard vehicle computers

These experts can help establish whether a driver was speeding, failed to brake, or made an unsafe maneuver. Their analysis often plays a key role in complex or disputed cases.

5. Medical Records and Injury Documentation

The severity and nature of injuries can support claims of how the crash occurred. Medical records serve as evidence of:

  • The force of impact
  • The direction of the collision
  • Immediate and long-term health effects

Prompt medical treatment also strengthens a case by showing a direct connection between the accident and injuries suffered. Delays in seeking medical care may be used by insurance companies to dispute claims.

6. Cell Phone and GPS Records

If distracted driving contributed to the crash, phone records can be used to show whether a driver was texting or on a call at the time of impact. GPS data can also establish the speed and location of a vehicle before the crash.

Understanding Mississippi’s Comparative Negligence Laws

Mississippi follows a pure comparative negligence system, meaning even if a driver is partially at fault, they can still recover compensation. However, their recovery is reduced by their percentage of fault.

For example, if a driver is 30% at fault for an accident and the total damages are $100,000, they can only recover $70,000. Insurance companies often use this rule to shift blame and reduce payouts. Having strong evidence helps prevent them from unfairly assigning fault.

The Risks of Accepting a Quick Settlement

Insurance companies often pressure accident victims to settle quickly, but these initial offers rarely reflect the full value of a claim. Some risks of accepting an early settlement include:

  • Uncovered Medical Expenses: Some injuries, like concussions or spinal damage, may not appear immediately. Accepting an early settlement before the full extent of injuries is known can leave victims with unpaid medical bills.
  • Lost Future Wages: If an injury affects long-term earning capacity, a low settlement may not cover financial losses.
  • Permanent Injuries: Chronic pain, disabilities, or disfigurement may require ongoing treatment and compensation beyond what an insurance company initially offers.

Once a settlement is accepted, it is nearly impossible to seek additional compensation later. A full evaluation of injuries and future financial needs is essential before agreeing to a settlement.

Pursuing Legal Action When Insurance Won’t Offer Fair Compensation

When insurance companies refuse to pay a fair amount, filing a lawsuit may be necessary. A strong case supported by police reports, witness testimony, expert analysis, and medical documentation can increase the likelihood of a favorable outcome. Insurance companies often settle once they see strong evidence against them.

Taking legal action can also:

  • Pressure insurers to offer a fairer settlement
  • Allow full damages to be pursued, including pain and suffering
  • Ensure accountability for reckless or negligent driving

Legal action should not be delayed, as Mississippi law sets a three-year statute of limitations for filing a personal injury lawsuit after a car accident.

If you’ve been injured in a Mississippi car accident and need help proving fault, Kellum Law Firm, P.C. can guide you through the claims process. Insurance companies may try to pay less than you deserve, but strong legal representation ensures your rights are protected. Call our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 to discuss your case and explore your legal options.

Accident Claim Frequently Asked Questions

How can I prove the other driver was at fault if they deny responsibility?
Gathering evidence such as police reports, eyewitness testimony, dashcam footage, and accident scene photos can establish fault. If necessary, accident reconstruction experts can analyze the crash and present findings that support your claim.

What if both drivers are partially at fault for the accident?
Mississippi follows a pure comparative negligence system, which means you can still recover damages even if you share some fault. However, your compensation will be reduced based on your percentage of responsibility.

How important is a police report in proving fault?
A police report can serve as critical evidence by documenting officer observations, driver and witness statements, and any traffic law violations. While not the final determination of fault, it often carries significant weight with insurance adjusters and courts.

What happens if the other driver was texting at the time of the accident?
Phone records can provide evidence of distracted driving. If a driver was texting or using their phone when the crash occurred, it may demonstrate negligence and strengthen your claim.

Should I accept the first settlement offer from the insurance company?
Insurance companies often offer low settlements that do not fully cover medical expenses, lost wages, or long-term injuries. Before accepting any offer, it is important to assess the full extent of damages and consider seeking legal advice.

Can surveillance footage from nearby businesses help prove fault?
Yes. Many businesses and intersections have security cameras that may have captured the accident. Requesting this footage quickly is important, as many systems delete recordings after a short period.

What should I do if the insurance company denies my claim?
If an insurance company wrongfully denies a valid claim, legal action may be necessary. Providing strong evidence and filing a lawsuit can force the insurer to reconsider their position.

How long do I have to file a lawsuit after a car accident in Mississippi?
Mississippi law sets a three-year statute of limitations for personal injury lawsuits. Waiting too long can result in losing the ability to recover compensation.

What if my injuries worsen after settling with the insurance company?
Once a settlement is accepted, additional compensation cannot be pursued, even if injuries become more severe. This is why it is important to wait until the full impact of injuries is known before settling.

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
DIRECTIONS