Tag Archives: mississippi

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Understanding Compensation in Car Accident Claims with Kellum Law Firm, P.C.

When you’re injured in a car accident in Jackson, Mississippi, the financial consequences can be overwhelming. You may face medical bills, lost income, and long-term pain and suffering. Mississippi law allows car accident victims to seek monetary compensation from those responsible for their injuries. Knowing the types of compensation you may be eligible for can help you understand the value of your claim and ensure that your rights are protected.

Types of Compensation Available in Mississippi Car Accident Injury Claims

Car accident victims in Jackson can pursue various types of compensation, depending on the circumstances of the accident and the extent of the injuries. Let’s look at the primary categories of compensation that you might be entitled to in a Mississippi car accident injury claim.

1. Medical Expenses

One of the most significant forms of compensation in a car accident claim is reimbursement for medical expenses. This includes the cost of emergency care, hospital stays, surgeries, prescription medications, physical therapy, and follow-up doctor visits. Any necessary future medical care can also be part of your claim, especially if your injuries result in long-term treatment or rehabilitation.

Even minor injuries can rack up large bills, but more severe injuries like traumatic brain injuries, spinal cord damage, or broken bones can lead to years of medical care. It’s crucial to account for all past and future medical costs when determining your compensation.

2. Lost Wages

Injuries from car accidents often force victims to take time off work to recover. Compensation for lost wages is designed to cover the income you’ve lost because of the accident. If you’re unable to return to work for an extended period—or if your injuries prevent you from returning to the same type of work—you may also be eligible for compensation for future lost earnings.

For example, if a serious injury limits your ability to work in your previous job, you can claim compensation for your reduced earning capacity. Mississippi law allows you to seek damages for both the immediate and long-term impact the accident has on your ability to earn a living.

3. Pain and Suffering

Pain and suffering compensation is meant to address the physical and emotional distress caused by the accident. This type of compensation goes beyond your financial losses and focuses on the human impact of your injuries. The pain from your injuries, emotional trauma, anxiety, depression, and other mental health issues can all contribute to your claim for pain and suffering damages.

Mississippi law does not have a specific formula for calculating pain and suffering, but factors such as the severity of your injuries, the length of your recovery, and the long-term effects on your quality of life can influence the amount of compensation you might receive.

4. Property Damage

In addition to personal injuries, a car accident can result in damage to your vehicle or other property. You can seek compensation for the repair or replacement of your car, as well as for any other property damaged in the accident, such as electronics, clothing, or other personal items.

In many cases, the cost of repairing or replacing a damaged vehicle can be a significant part of your claim. Mississippi law allows you to seek the fair market value of the vehicle if it is totaled or the reasonable cost of repairs if it can be fixed.

5. Loss of Consortium

Loss of consortium refers to the impact an injury has on a relationship, typically the relationship between spouses. If your injuries have affected your ability to maintain a normal marital relationship, your spouse may be able to claim compensation for loss of companionship, affection, and support.

While loss of consortium claims are less common, they can be important in cases where a spouse’s injuries have caused a significant strain on a relationship. This type of compensation is designed to address the non-financial impact that injuries can have on families.

6. Punitive Damages

In certain cases, Mississippi law allows for punitive damages, which are meant to punish particularly reckless or egregious behavior. If the person responsible for the accident acted with extreme negligence or intentional misconduct, the court may award punitive damages to deter similar behavior in the future.

While punitive damages are not available in every car accident case, they can significantly increase the amount of compensation a victim receives. It is important to work with an attorney to assess whether punitive damages may be appropriate in your claim.

7. Wrongful Death Damages

If a loved one was killed in a car accident, Mississippi law allows surviving family members to pursue compensation through a wrongful death claim. Compensation in these cases can cover funeral expenses, medical bills incurred before death, lost income, and the emotional pain of losing a family member.

Wrongful death claims are complicated and involve strict legal procedures, so it is essential to have a skilled attorney guide you through the process to ensure your family receives the compensation you deserve.

How an Attorney Can Help Maximize Your Compensation

Filing a car accident injury claim in Mississippi can be complex, and insurance companies often try to minimize the amount they pay to accident victims. An experienced personal injury attorney at Kellum Law Firm, P.C., can help you navigate the legal process and ensure that you receive the compensation you’re entitled to.

By working with a lawyer, you can strengthen your claim by gathering evidence, calculating the full extent of your damages, and negotiating with insurance companies on your behalf. Our firm is dedicated to helping clients in Jackson and across Mississippi secure the best possible outcome for their car accident injury claims.

FAQs

What factors determine how much compensation I can receive for my car accident injury?

Several factors influence the compensation you can receive in a car accident injury claim. These include the severity of your injuries, the amount of medical bills, the impact on your ability to work, and whether you will require ongoing medical care. Other factors, like pain and suffering and emotional trauma, will also play a role in calculating your total compensation.

How long do I have to file a car accident injury claim in Mississippi?

In Mississippi, you generally have three years from the date of the accident to file a personal injury claim. This is known as the statute of limitations. If you miss this deadline, you may lose your right to seek compensation, so it’s essential to act quickly and consult with an attorney to understand the timelines that apply to your case.

Can I still get compensation if I was partially at fault for the accident?

Yes, Mississippi follows a pure comparative fault system. This means that even if you were partially at fault for the accident, you can still recover compensation. However, your compensation will be reduced by the percentage of fault attributed to you. For example, if you are found to be 20% at fault, your compensation will be reduced by 20%.

What should I do immediately after a car accident to protect my claim?

After a car accident, it’s important to seek medical attention, even if you don’t feel injured right away. Some injuries, like whiplash or concussions, can take time to manifest. You should also document the scene by taking photos of the vehicles, road conditions, and any visible injuries. If possible, gather contact information from any witnesses. Finally, contact a personal injury attorney to ensure your rights are protected and to begin building your claim.

How are pain and suffering damages calculated in Mississippi?

Pain and suffering damages are subjective and are based on the physical and emotional toll the injury has taken on your life. There is no set formula for calculating these damages in Mississippi, but factors like the severity of your injury, the length of recovery, and any long-term effects will be considered when determining the amount.

What if the other driver doesn’t have insurance?

If the other driver doesn’t have insurance, you may still be able to recover compensation through your own insurance policy, particularly if you have uninsured/underinsured motorist coverage. An attorney can help you explore your options and determine the best course of action in this situation.

Can I file a claim if my injuries were minor?

Yes, even if your injuries seem minor at first, you may still be entitled to compensation. Some injuries may not present symptoms until days or weeks after the accident. It’s important to seek medical attention and consult with an attorney to evaluate the full impact of your injuries.

FREE Case Review & Consultation – Call (601) 969-2709 in Jackson or (601) 590-9000 in Port Gibson

If you’ve been injured in a car accident in Jackson, Mississippi, don’t let the financial burdens of your injury keep you from seeking justice. Call Kellum Law Firm, P.C. at (601) 969-2709 in Jackson or (601) 590-9000 in Port Gibson to understand your legal rights to compensation and discuss your options with an experienced car accident attorney.

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Car accidents can be life-changing events, leaving victims with physical injuries, emotional trauma, and financial burdens. When faced with the aftermath of a car accident in Ridgeland, Mississippi, choosing the right legal representation is crucial. Kellum Law Firm, P.C. stands out as the firm you can trust to handle your car accident claim with dedication, compassion, and a commitment to securing the best possible outcome for you.

Local Knowledge and Personalized Attention

At Kellum Law Firm, P.C., we understand the unique aspects of car accident cases in Ridgeland and the broader Mississippi area. Our local knowledge allows us to navigate the specific challenges and nuances of the legal landscape here. We are familiar with the local courts, insurance companies, and medical providers, which gives us an edge in handling your case effectively.

Each case we take on receives personalized attention. We know that no two accidents are the same, and we treat each client as an individual with unique needs and circumstances. From the moment you walk through our doors, you’ll experience the personalized care and attention that sets us apart.

Comprehensive Legal Support

Car accident claims involve various legal and procedural steps, from investigating the accident scene to negotiating with insurance companies and potentially going to trial. Our firm provides comprehensive support at every stage of the process. Here’s what you can expect when you choose Kellum Law Firm, P.C. for your car accident case:

1. Thorough Investigation: We start by conducting a detailed investigation of your accident. This includes gathering evidence such as police reports, witness statements, and medical records. We may also work with accident reconstruction experts to understand the cause and impact of the collision.

2. Accurate Documentation: Proper documentation is critical for building a strong case. We ensure that all medical treatments, expenses, and other relevant details are meticulously recorded to support your claim for compensation.

3. Insurance Negotiations: Dealing with insurance companies can be daunting. Our experienced attorneys handle all communications and negotiations with the insurance adjusters, advocating for a fair settlement that covers your medical bills, lost wages, and other damages.

4. Litigation Representation: If a fair settlement cannot be reached, we are prepared to take your case to court. Our litigation experience and strategic approach to trial preparation give us the capability to fight for your rights effectively.

Proven Track Record of Success

At Kellum Law Firm, P.C., we have a proven track record of achieving successful outcomes for our clients. Our history of settlements and verdicts speaks to our ability to secure the compensation our clients deserve. We measure our success by the positive impact we have on our clients’ lives, helping them rebuild and move forward after a car accident.

Compassionate and Supportive Legal Team

Beyond our legal expertise, we pride ourselves on the compassionate support we provide to our clients. We understand the emotional and physical toll that a car accident can take, and we are here to offer not only legal guidance but also emotional support. Our team is always available to answer your questions, address your concerns, and provide the reassurance you need during this challenging time.

No Fees Unless We Win

We believe that financial concerns should never prevent you from seeking the justice you deserve. That’s why we operate on a contingency fee basis, which means you don’t pay any legal fees unless we win your case. This approach ensures that you can focus on your recovery while we handle the legal complexities of your claim.

Call Kellum Law Firm, P.C. For Your Free Consultation 

If you or a loved one has been involved in a car accident in Ridgeland, Mississippi, you need a dedicated legal team that will fight for your rights and help you secure the compensation you deserve. Kellum Law Firm, P.C. is here to provide the support and representation you need. With a track record of success and a commitment to personalized care, we are ready to assist you 24/7.

Don’t hesitate to call us today at (601) 969-2709 to receive your free consultation with Jackson Personal Injury Attorney Bill Kellum. He will evaluate your personal injury case and determine the best course of action to help you recover from your injuries and get your life back on track. Call us today to speak with Jackson Auto Accident Bill Kellum and take the first step towards justice.

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

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

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When you’re involved in a car accident, the aftermath can be overwhelming. From dealing with injuries and medical bills to handling insurance claims, the process can be daunting. At Kellum Law Firm, P.C., we understand the challenges you face and are committed to providing the support and representation you need. Here’s why you should choose us for your car accident case in Brandon, Mississippi.

Local Knowledge and Commitment

As a firm based in Jackson, Mississippi, we have a deep understanding of the local laws, court systems, and the specific issues that can arise in car accident cases in Brandon and the surrounding areas. This local knowledge allows us to provide tailored legal solutions that address the unique aspects of your case.

Personalized Attention

At Kellum Law Firm, P.C., we believe that every client deserves personalized attention. We take the time to listen to your story, understand your concerns, and develop a legal strategy that is customized to your needs. Our team is dedicated to keeping you informed throughout the process and answering any questions you may have.

Experienced Representation

With years of experience handling car accident cases, our firm has developed a strong track record of success. We are skilled in negotiating with insurance companies and, if necessary, litigating in court to ensure that you receive the compensation you deserve. Our experience allows us to anticipate challenges and effectively address them.

Comprehensive Case Management

From the moment you contact us, we handle every aspect of your case. This includes:

  • Investigating the Accident: We conduct a thorough investigation to gather evidence, including police reports, witness statements, and medical records.
  • Dealing with Insurance Companies: We handle all communications with insurance companies, ensuring that your rights are protected and that you receive a fair settlement.
  • Medical Coordination: We work with medical professionals to document your injuries and ensure that you receive the necessary treatment.
  • Legal Representation: Whether through settlement negotiations or courtroom litigation, we are prepared to advocate for your best interests.

Commitment to Justice

Our firm is committed to achieving justice for our clients. We understand the impact that a car accident can have on your life, and we strive to ensure that you are fairly compensated for your injuries, lost wages, and other damages. Our dedication to our clients is reflected in the outcomes we achieve and the relationships we build.

Transparent Communication

We believe in maintaining open and honest communication with our clients. From the initial consultation to the resolution of your case, we keep you updated on the progress and make sure you understand each step of the process. Transparency is a cornerstone of our practice, and we are always available to address your concerns.

No Upfront Fees

At Kellum Law Firm, P.C., we operate on a contingency fee basis. This means that you do not pay any legal fees unless we win your case. Our goal is to make quality legal representation accessible to everyone, regardless of their financial situation.

FREE CONSULTATIONS OFFERED 24/7

If you or a loved one has been injured in a car accident in Brandon, Mississippi, don’t face the legal process alone. Our team is dedicated to serving clients throughout the Jackson, Mississippi metro area and every county in the state of Mississippi. Let us help you secure the justice and compensation you deserve.

At Kellum Law Firm, P.C., we are committed to fighting for the compensation you deserve. Our experienced personal injury attorneys have a proven track record of success and are ready to assist you 24/7.

Don’t hesitate to call us today at (601) 969-2709 to receive your free consultation with Jackson Personal Injury Attorney Bill Kellum. He will evaluate your personal injury case and determine the best course of action to help you recover from your injuries and get your life back on track. Call us today to speak with Jackson Auto Accident Bill Kellum and take the first step towards justice.

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

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

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A woman died after she was ejected from her vehicle in a recent rollover accident on I-20 near Bovina. An investigation into the wreck revealed that the woman might have fallen asleep at the wheel. She was also not wearing a seatbelt at the time of the early morning wreck.

Approximately fifteen hundred people die, and thousands more are hurt every year in crashes caused by drowsy drivers. While fatigue can cause a driver to have any motor vehicle accident, many drowsy-driving wrecks are similar to the single-car rollover crash described above. Unfortunately, despite the media coverage of these horrible crashes, many Americans continue to drive when they are fatigued.

Sleep habits affect driving in much the same way that alcohol use affects driving, yet many people who would not dare to drink and drive think nothing of getting behind the wheel when they are tired. Sleep deprivation is a significant problem in America, but most people do not believe it is that big of a problem since they and many people they know are tired almost all of the time. It is a significant concern, and researchers have been working hard to understand the impacts that sleep, or the lack thereof, has on our bodies and our minds.

Research has revealed that driving drowsy is very similar to driving drunk. Everyone knows how often drunk drivers cause death and destruction. People must learn to make the connection between drowsy driving and drunk driving and think twice before driving when they are tired. As does a drunk driver, a tired driver moves along the road in a state of decreased awareness and impaired judgment. Tired drivers’ reaction times are slow, just like drivers who are intoxicated, creating a delay in their response to everything from curves in the road to vehicles or pedestrians in their path.

One crucial point that Americans must understand about drowsy driving is that it is not only the chronically sleep-deprived who are at risk for a crash caused by fatigue. Even a single instance of not getting enough rest can increase your risk of a wreck. If you think that stay-awake strategies like coffee, gum, mints, or energy drinks can help you stay alert enough to avoid an accident, know that they do not decrease your crash risk. You might feel alert for a short time following the use of those items, but your body is still tired, and that tiredness may overtake you without you even knowing it. Remember – no one tries to fall asleep at the wheel. If you start to feel tired, the safest thing you can do is stop and rest.

If you were hurt or someone that you love died in an accident involving a tired driver, contact a Mississippi Accident Attorney right away. Our Accident Lawyer at Kellum Law Firm, P.C. are here to serve you and your family. Call us at 1 (601) 969-2709 to learn more.

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

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The laws governing the execution of Wills and Codicils are very specific and governed by§ 91-5-1. Who may execute; signature; attestation.

Every person eighteen (18) years of age or older, being of sound and disposing mind, shall have power, by last will and testament, or codicil in writing, to devise all the estate, right, title and interest in possession, reversion, or remainder, which he or she hath, or at the time of his or her death shall have, of, in, or to lands, tenements, hereditaments, or annuities, or rents charged upon or issuing out of them, or goods and chattels, and personal estate of any description whatever, provided such last will and testament, or codicil, be signed by the testator or testatrix, or by some other person in his or her presence and by his or her express direction. Moreover, if not wholly written and subscribed by himself or herself, it shall be attested by two (2) or more credible witnesses in the presence of the testator or testatrix.

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In Mississippi, judges may grant what is known as a “continuance,” which is a temporary postponement of the trial or court hearing. Either the plaintiff or the defendant may request a continuance, but the Court may also issue a continuance without consulting with either party to a case.

Continuances may be requested when unforeseen events – such as illness or scheduling conflicts – arise but may be granted if a recently retained attorney needs additional time to prepare.  The judge considers the grounds for requesting the continuance, and determines whether there is a valid reason for postponing the case. A judge will usually permit a continuance if it is necessary to preserve the rights of each party to a case, and to prevent a miscarriage of justice. Before issuing a continuance, a judge may evaluate your reason for requesting a continuance, whether you’ve made a good-faith effort to avoid delaying the case, and whether a continuance will prejudice either party in the case.

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In Mississippi, the statute of limitation deadline to sue an attorney for malpractice is three years.  Mississippi’s general three year statute of limitations deadline is applicable to legal malpractice cases. This imposes a three year deadline on suing the attorney from the date of the malpractice.  Mississippi courts recognize the discovery rule in malpractice cases.

In the case of Smith v. Sneed, the Mississippi Supreme Court held that “the statute of limitations in a legal malpractice action properly begins to run on the date the client learns or through the exercise of reasonable diligence should learn of the negligence of his lawyer”. 638 So. 2d 1252 (Miss. 1994).

In the case of Channel v. Loyacono, the Mississippi Supreme Court held that “the discovery rule is to be applied when the ‘plaintiff will be precluded from discovering harm or injury because of the secretive or inherently undiscoverable nature of the wrongdoing in question’ or it may be applied ‘when it is unrealistic to expect a layman to perceive the injury at the time of the wrongful act” 954 So. 2d 415 (Miss. 2007).

In other words, a client who learns of the attorney’s malpractice should file suit within three yearsfrom the time of the discovery to preserve a claim.

 

 

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Miss Code Ann § 97-41-1 Provides:

Except as otherwise provided in Section 97-41-16 for a dog or cat, if any person shall intentionally or with criminal negligence override, overdrive, overload, torture, torment, unjustifiably injure, deprive of necessary sustenance, food, or drink; or cruelly beat or needlessly mutilate; or cause or procure to be overridden, overdriven, overloaded, tortured, unjustifiably injured, tormented, or deprived of necessary sustenance, food or drink; or to be cruelly beaten or needlessly mutilated or killed, any living creature, every such offender shall, for every offense, be guilty of a misdemeanor.

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Before initiating medical malpractice litigation, the attorney should give the treating physician’s insurance carrier an opportunity to settle.  The attorney will prepare what is commonly referred to as a demand package (also referred to as a settlement package, demand, or demand letter).

The demand package consists of a written brief that includes (i) a concise statement of when and how the malpractice occurred; (ii) a thorough explanation of the theory of how the other party was negligent (specifically addressing any weaknesses); and (iii) a summary of damages (e.g. related injuries, prior related medical bills associated with those injuries, pain and suffering, cost estimate of necessary and related future medical care); and (iv) the settlement amount demanded.

Attached to the demand packet, the following exhibits should be included:

(a) medical reports; (b)  photos of disfigurement; (c) photos of the client (before the injury, during treatment, and after treatment has completed); (d) medical records (including doctor’s notes and diagnostic imaging results); (e) witness statements; (f) pay stubs / income tax returns, if making a lost-wages claim; and (g) the appropriate jury instructions (that would apply if a lawsuit were to be filed).

A well prepared demand packet brief will also cite case law and their application to the facts

 

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In Mississippi, at any time after a judgment is entered, the person awarded a judgment (judgment creditor) is entitled to a court order requiring the debtor to appear and answer questions, under oath about matters that would help the judgment creditor to collect. These questions might relate to what type of property they own, where that property is located, whether or not the debtor has a job, etc.

Mississippi Code Annotated § 13-1-261, provides authority for such a procedure:

(1) To aid in the satisfaction of a judgment of more than One Hundred Dollars ($ 100.00), the judgment creditor may examine the judgment debtor, his books, papers or documents, upon any matter relating to his property as provided in Sections 13-1-261 through 13-1-271 ; except that no single judgment creditor may cause a judgment debtor to submit to examination under this section more than once in a period of six (6) months.

(2) In addition to the method of examination prescribed in subsection (1), the judgment creditor may, in the alternative, utilize the discovery procedures set forth in the Mississippi Rules of Civil Procedure for the purpose of examining the judgment debtor.