Tag Archives: Mississippi Car Accident Attorney

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Protect Your Rights and Maximize Your Compensation by Letting an Attorney Handle the Insurance Company

After being injured in a car accident in Mississippi, one of the first steps most people take is reporting the incident to their insurance company or the at-fault driver’s insurer. While this seems like the natural next move, speaking with the insurance company directly—without legal representation—can hurt your claim and jeopardize your compensation. Insurance companies are businesses, and their goal is to protect their bottom line. This means they often employ tactics to minimize the amount of money paid out to accident victims.

Why an Attorney Should Handle the Insurance Company Communication

When you are dealing with the aftermath of an accident, including medical treatment, lost wages, and emotional distress, speaking with an insurance adjuster can feel overwhelming. Insurance companies often take advantage of the fact that victims are under physical and emotional stress and may make statements that can be used to reduce the value of their claims. A car accident attorney experienced in Mississippi law can protect your rights and ensure that you avoid common pitfalls when dealing with insurance companies.

  1. Protecting Your Statements
    Insurance adjusters may ask for a recorded statement soon after the accident. They may seem friendly or concerned, but their questions are often designed to elicit responses that undermine your claim. For example, they may ask you about your injuries before you have a complete medical diagnosis or imply that you share fault for the accident. Without realizing it, you could make a statement that reduces your chances of receiving fair compensation. An attorney understands how these companies operate and can guide you in providing the right information without jeopardizing your case.
  2. Maximizing Compensation
    Insurance companies aim to minimize the amount they pay in claims. They often make initial offers that are far lower than what your case may be worth, assuming that most victims will accept the offer out of financial pressure or misunderstanding of their rights. An attorney knows the full range of damages you are entitled to, including medical bills, lost wages, pain and suffering, and future rehabilitation costs. They can negotiate aggressively to ensure that any settlement reflects the true cost of your injuries.
  3. Understanding Mississippi Insurance and Liability Laws
    Car accident laws, including fault and insurance liability, vary from state to state. In Mississippi, the concept of comparative negligence applies, meaning that even if you are partially at fault for an accident, you may still recover damages. However, insurance companies may use this rule to diminish your compensation by inflating your level of fault. An experienced attorney will ensure the facts of the case are presented accurately, fighting attempts to misrepresent the situation.
  4. Filing and Handling the Legal Process
    If negotiations with the insurance company don’t result in a fair settlement, you may need to file a lawsuit. This can involve gathering evidence, filing paperwork, and meeting deadlines—all of which can be overwhelming while recovering from an injury. An attorney will manage the entire process, ensuring that all deadlines are met and that your case is presented with the strongest evidence possible.
  5. Dealing With Delayed or Denied Claims
    Unfortunately, some insurance companies delay or outright deny claims. They may argue that the policy does not cover the accident, dispute the extent of your injuries, or claim that you were at fault. These situations are frustrating and can delay your ability to get the care you need. An attorney will know how to counter these tactics and fight for the compensation you deserve. They will also know when an insurance company’s denial is acting in bad faith, a serious violation that can lead to additional legal consequences for the insurer.
  6. Handling Complex Medical Issues
    In many cases, injuries sustained in a car accident may not be immediately apparent. Soft tissue damage, concussions, or emotional trauma may take days or weeks to manifest. Insurance companies often push for quick settlements, knowing that future medical issues may arise later. An attorney can work with medical professionals to ensure that all current and future medical needs are included in your compensation demand.

FAQs: Car Accident Claims in Mississippi

What should I do immediately after being injured in a car accident in Mississippi?
First and foremost, seek medical attention, even if your injuries seem minor. Many injuries, such as concussions or internal trauma, may not show symptoms immediately. After addressing your medical needs, document the accident by taking photographs of the scene, collecting contact information from witnesses, and making sure you obtain a copy of the police report. Avoid giving statements to the insurance company until you’ve consulted with an attorney to avoid jeopardizing your claim.

Why shouldn’t I talk to the at-fault driver’s insurance company directly?
Insurance companies will often seek statements that they can use to reduce your compensation. They may ask leading questions that imply you were partially at fault or downplay the severity of your injuries. Without legal representation, it’s easy to make statements that can harm your claim, even if unintentional. An attorney can handle these communications to protect your rights and ensure you receive fair compensation.

What types of compensation can I recover in a Mississippi car accident lawsuit?
In Mississippi, car accident victims may be entitled to various forms of compensation. This includes medical expenses (both immediate and future costs), lost wages, property damage, pain and suffering, and rehabilitation costs. Depending on the severity of the accident, victims may also seek compensation for diminished quality of life or long-term disability. An attorney will evaluate your case to determine all possible damages.

How does Mississippi’s comparative negligence law affect my case?
Mississippi follows a “pure comparative negligence” rule, meaning that your compensation may be reduced based on your percentage of fault in the accident. For example, if you are found to be 20% at fault, your compensation will be reduced by 20%. Insurance companies may try to inflate your level of fault to reduce their liability. An attorney can help present the evidence accurately to ensure you are not unfairly blamed.

How long do I have to file a car accident injury lawsuit in Mississippi?
In Mississippi, the statute of limitations for filing a personal injury claim after a car accident is three years from the date of the accident. This may seem like a long time, but building a strong case takes time, and gathering evidence early is critical. An attorney will ensure that your case is filed within the legal deadline and that all necessary documents and evidence are collected to support your claim.

Call Us For A Free Consultation
If you’ve been injured in a car accident in Mississippi, let the experienced attorneys at Kellum Law Firm, P.C. handle the insurance companies for you. Protect your rights and maximize your compensation. Call the Jackson office at (601) 969-2709 or the Port Gibson office at (601) 590-9000 to understand your legal rights to compensation and discuss your options.

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If you’re injured in an accident caused by a negligent driver, there are several things you should avoid doing, as they could potentially harm your ability to seek compensation or get a fair settlement for your injuries. Here’s a list of what not to do:

  1. Leaving the Accident Scene: In any accident, especially when injuries are involved, it’s crucial to remain at the scene until appropriate to leave. This might mean waiting for law enforcement and emergency services to arrive. The reason for staying is twofold: to ensure you receive the necessary medical attention and to provide an accurate account of the incident. Leaving prematurely can not only be seen as irresponsible but in some jurisdictions, it can also be illegal, especially if the accident involves injuries or significant property damage.
  2. Admitting Fault: After an accident, emotions can run high, and there might be an instinctive urge to apologize or admit fault. However, liability in motor vehicle accidents is complex and may not be immediately apparent. Even a simple apology can be misconstrued as an admission of guilt. It’s best to limit your conversation at the scene to the exchange of essential information (like contact and insurance details) and avoid discussing the specifics of the accident or who might be at fault.
  3. Not Seeking Medical Attention: Often, the full extent of injuries from a car accident isn’t immediately evident. Adrenaline can mask pain, and some injuries, like whiplash or internal bleeding, can take hours or even days to manifest. Seeking immediate medical attention ensures that your injuries are properly documented from the start, which is crucial for insurance claims and potential litigation. Furthermore, delaying medical treatment can be harmful to your health and can be used against you by insurance companies to argue that your injuries were not serious or not related to the accident.
  4. Not Handling Insurance Communications Carefully: While you will need to notify your insurance company about the accident, be cautious when dealing with the negligent driver’s insurer. Their goal is often to minimize the payout, and they may use tactics like requesting a recorded statement in an attempt to get you to say something that could undermine your claim. It’s typically advisable to consult with a personal injury attorney before giving any statements to the other party’s insurance company.
  5. Not Being Careful on Social Media: In today’s digital age, it’s common to share life events on social media. However, posts about your accident, injuries, or recovery can be misconstrued or taken out of context by insurance companies or opposing legal counsel. For example, a photo of you smiling at a social event could be used to argue that your injuries are not as severe as claimed. It’s safest to avoid discussing any aspect of your accident or injury claim on social media.
  6. Not Understanding Settlement Offers: Insurance companies often propose an initial settlement quickly after an accident. While the offer might be tempting, especially if you’re facing medical bills and lost wages, these initial offers are frequently much lower than what you might be entitled to. A quick settlement also usually requires you to waive any future claims related to the accident, which can be problematic if you later discover your injuries are more serious than initially thought. It’s essential to fully understand the long-term impacts of your injuries and consult with a personal injury attorney before accepting any settlement offers.
  7. Not Keeping Legal Documentation: In the aftermath of an accident, you might be presented with various documents from insurance companies or other parties involved in the accident. These could include releases, settlement offers, or requests for information. It’s vital to fully understand what you’re signing. For instance, signing a release might mean you’re giving up your right to pursue further legal action. If you’re unsure about any document, it’s best to consult with an attorney.
  8. Not Filing Before the Statute of Limitations: Personal injury claims are subject to statutes of limitations, which vary by state. This law sets a deadline for filing a lawsuit. Failing to take legal action within this time frame can result in losing your right to sue forever. Understanding these deadlines is crucial, and keeping them in mind should be a priority as you navigate your recovery and consider your legal options.
  9. Not Keeping Comprehensive Documentation: Strong evidence is key to a successful personal injury claim. This includes photos of the accident scene, your vehicle, the other vehicle, any visible injuries, and detailed records of medical treatment received. Witness statements can also be invaluable. Keeping a detailed record of how your injuries have impacted your daily life, including missed workdays, activities you can no longer participate in, and changes to your overall quality of life, can be crucial in demonstrating the extent of your damages.
  10. Not Seeking Professional Legal Assistance: Personal injury law can be complex, and dealing with insurance companies can be challenging, especially when you are recovering from an injury. An experienced personal injury attorney can provide invaluable guidance, help you navigate the legal system, ensure that your rights are protected, and work to secure the compensation you deserve. They can handle negotiations with insurance companies, gather evidence to support your claim, and represent you in court if necessary.

In conclusion, understanding what not to do after being injured in an accident is as important as knowing the right steps to take. By avoiding common pitfalls, you can protect your rights and increase your chances of receiving fair compensation for your injuries. Remember, each accident is unique, and seeking personalized legal advice is often the best course of action.

FREE CONSULTATIONS OFFERED 24/7

Don’t hesitate to call us today at (601) 969-2709 to receive your free consultation with Jackson Car Accident Attorney Bill Kellum. He will evaluate your case and determine the best course of action to help you recover from your injuries and get your life back on track. We understand how difficult it can be to deal with the aftermath of an accident in Mississippi, and we are here to help. 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
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Kellum Law Firm, P.C.
617 Market St.
Port Gibson, MS 39150
(601) 590-9000
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