Understanding the Tactics Used to Limit Your Compensation

Car accidents can be overwhelming, both physically and emotionally. But when you’re dealing with insurance companies, things can become even more complicated. If you’ve been injured in a car accident in Mississippi, one of the first things you may notice is how eager the insurance company is to speak with you. What they may not be as forthcoming about is their aversion to you contacting a lawyer.

Why don’t they want you to talk to a Mississippi car accident lawyer? Simply put, they know that legal representation can help protect your rights and increase the amount of compensation you receive. Understanding the motives behind their behavior can empower you to make informed decisions about your claim.

Insurance Companies Are Focused on Profit, Not Fair Compensation

Insurance companies are businesses, and like any business, they aim to minimize costs and maximize profits. This is especially true when dealing with claims. Paying out as little as possible for car accident injuries helps protect their bottom line, which is why they might try to avoid full and fair compensation. Their representatives are trained to handle claims quickly and with minimal payout.

Lawyers who specialize in car accident injury cases understand the tactics insurance companies use and work to ensure you’re fairly compensated for medical expenses, lost wages, pain and suffering, and more. The last thing insurance companies want is an experienced Mississippi car accident attorney advocating for your rights.

Common Tactics Insurance Companies Use To Discourage Hiring a Lawyer

It’s not unusual for insurance companies to discourage accident victims from contacting an attorney. Here are some tactics they might employ:

  • Claiming it’s unnecessary: They may tell you that hiring a lawyer will only complicate the process or delay your settlement. In reality, lawyers can help expedite your case and ensure that nothing is overlooked in your claim.
  • Offering quick settlements: Insurance companies may offer a quick, lowball settlement before the full scope of your injuries is known. They hope you’ll accept it without seeking legal advice. Accepting a settlement without a lawyer could mean leaving significant compensation on the table.
  • Downplaying the severity of your injuries: Insurance adjusters might question your medical treatment or suggest that you’re exaggerating your injuries. Having a lawyer helps counter these arguments by ensuring your medical documentation is strong and comprehensive.
  • Encouraging recorded statements: Insurers often request recorded statements shortly after the accident, hoping you’ll inadvertently say something that can be used to minimize your claim. A lawyer can advise you on how to handle these requests or even communicate with the insurer on your behalf.

How a Mississippi Car Accident Lawyer Levels the Playing Field

Insurance companies have extensive legal teams working to protect their interests. By hiring an attorney, you’re ensuring that you have a legal advocate who understands the laws in Mississippi and can navigate the complexities of personal injury claims. Here are some reasons why having a lawyer on your side is essential:

  • Thorough investigation: Lawyers will conduct a full investigation of the accident, gathering evidence such as police reports, witness statements, and expert testimony to strengthen your case.
  • Accurate valuation of your claim: Attorneys know how to assess the full extent of your losses, including future medical expenses, lost earning capacity, and non-economic damages like pain and suffering. Insurance companies rarely offer full compensation for these losses without a fight.
  • Negotiating with insurance companies: Experienced attorneys are skilled negotiators. They understand the strategies insurance adjusters use and can counter them effectively. This can result in higher settlement offers and more appropriate compensation.
  • Filing a lawsuit if necessary: If the insurance company refuses to offer a fair settlement, your lawyer can take your case to court. This often pressures insurers to settle rather than risk a trial.

Why You Shouldn’t Wait to Speak to a Lawyer

Time is of the essence in car accident cases. Mississippi law places time limits, known as statutes of limitations, on personal injury claims. In most cases, you have three years from the date of the accident to file a lawsuit. Waiting too long can jeopardize your claim, especially if evidence fades or witnesses become harder to locate.

Moreover, the sooner you involve a lawyer, the sooner they can start building your case and protecting your interests. Insurance companies work quickly to gather evidence in their favor, and it’s crucial to level the playing field by having a legal advocate on your side as early as possible.

The Real Cost of Not Hiring a Lawyer

Many people worry about the cost of hiring a lawyer after a car accident, but most personal injury attorneys work on a contingency fee basis. This means they only get paid if you win your case or secure a settlement. The financial risk is on the lawyer, not on you.

Failing to hire a lawyer could result in accepting a settlement that doesn’t fully cover your expenses. Medical bills, rehabilitation costs, and lost income can add up quickly. Without an attorney advocating for you, you may find yourself paying out-of-pocket for accident-related expenses that should have been covered by the at-fault party’s insurance.


FAQs

Why do insurance companies offer quick settlements?
Insurance companies offer quick settlements to close cases before the full extent of your injuries is known. Their goal is to minimize their payout by getting you to accept a lower amount than your claim might actually be worth. They know that as time passes, your medical bills may increase, or you may need additional treatment. By settling quickly, they avoid paying for those future expenses. This is why it’s important to speak with a lawyer before accepting any settlement offers.

Can I still hire a lawyer if I’ve already started speaking with the insurance company?
Yes, you can still hire a lawyer even if you’ve already spoken to the insurance company. In fact, it’s often a good idea to consult with an attorney as soon as possible after an accident, even if you’ve begun the claims process. A lawyer can review any statements you’ve made and help protect your rights going forward. They can also take over communication with the insurance company to prevent you from making statements that could harm your claim.

Will my case go to trial if I hire a lawyer?
Not necessarily. The vast majority of personal injury cases are settled out of court. However, having a lawyer increases the likelihood of receiving a fair settlement. If the insurance company refuses to offer a reasonable amount, your lawyer may recommend filing a lawsuit. Even then, many cases settle before reaching trial. Your attorney will guide you through this process and advise you on the best course of action.

How long does it take to resolve a car accident injury claim?
The length of time it takes to resolve a car accident injury claim can vary depending on the complexity of the case. If liability is clear and the injuries are well-documented, a settlement may be reached relatively quickly, sometimes within a few months. However, if there are disputes about fault, or if the injuries are severe and require ongoing treatment, the process can take longer. Your attorney will work to ensure the process moves forward as efficiently as possible while protecting your interests.

What should I do if the insurance company denies my claim?
If the insurance company denies your claim, it’s critical to consult with a lawyer immediately. A denial doesn’t mean you aren’t entitled to compensation. Insurance companies sometimes deny claims to discourage claimants or because they believe they can avoid paying. Your attorney can review the denial, gather additional evidence, and negotiate on your behalf to either get the denial overturned or file a lawsuit if necessary.

How can I prove the extent of my injuries to the insurance company?
Proving the extent of your injuries requires thorough documentation. You should seek medical attention immediately after the accident, follow all treatment plans, and keep detailed records of your medical visits, prescriptions, and any related expenses. Your attorney can help you obtain necessary expert testimony and medical evaluations that support your claim.

Free Consultations Offered 24/7

If you’ve been injured in a car accident in Mississippi, the insurance company is not on your side. Protect your rights by speaking with the experienced car accident lawyers at Kellum Law Firm, P.C. Call our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 today to understand your legal rights to compensation and to discuss your options.

Understanding the Steps to Pursue Compensation and Hold Negligent Drivers Accountable

When you’ve been injured in a car accident, the aftermath can be overwhelming. Mississippi law provides avenues for accident victims to recover compensation for injuries, medical bills, lost wages, and other damages. However, navigating the legal system can be complex. Having a clear understanding of your rights and the necessary steps can be crucial in obtaining fair compensation.

Mississippi Car Accident Laws: Fault and Liability

Mississippi operates under a “fault-based” car insurance system, meaning that the at-fault driver is responsible for compensating the injured parties. Mississippi follows a pure comparative negligence rule. This means even if you are partially at fault for the accident, you may still recover compensation. However, your total damages may be reduced by your percentage of fault. For example, if you are found to be 30% responsible for the accident and your total damages amount to $100,000, your recovery would be reduced to $70,000.

Proving liability in a Mississippi car accident claim often requires demonstrating that the other driver acted negligently. Negligence refers to a breach of duty that results in harm. This could include distracted driving, speeding, or failure to yield. An attorney will help gather evidence, such as police reports, witness statements, and expert testimony, to support your claim and establish fault.

Common Car Accident Injuries and the Impact on Compensation

The types of injuries sustained in a car accident can range from minor scrapes to life-altering conditions. Common injuries include:

  • Whiplash and neck injuries
  • Traumatic brain injuries (TBI)
  • Spinal cord damage
  • Broken bones and fractures
  • Internal bleeding and organ damage

The severity of the injury often plays a significant role in determining the amount of compensation you may receive. Medical bills, ongoing treatments, surgeries, and even long-term care may be required. Mississippi law allows accident victims to seek compensation for:

  • Medical expenses (past and future)
  • Lost wages and loss of earning capacity
  • Pain and suffering
  • Property damage

Non-economic damages, such as pain and suffering or emotional distress, are often more challenging to quantify but can significantly increase the value of a claim. While Mississippi does not impose a cap on economic damages, non-economic damages in medical malpractice claims are capped at $500,000. However, in standard car accident cases, no such limits apply.

Statute of Limitations for Filing a Car Accident Lawsuit in Mississippi

Mississippi law requires that car accident injury lawsuits be filed within three years from the date of the accident. This is known as the statute of limitations. Failing to file a claim within this time frame can result in losing the right to seek compensation. It is vital to start building your case as early as possible, as evidence can fade, witnesses may become harder to locate, and insurance companies may try to minimize their liability.

What To Do Immediately After a Car Accident

The steps you take immediately following a car accident can significantly impact your ability to file a successful claim. Here’s what you should consider doing:

  1. Seek Medical Attention: Even if you believe your injuries are minor, it’s important to be evaluated by a healthcare professional. Some injuries may not present symptoms right away, and having medical documentation is critical for your claim.
  2. Document the Scene: Take photos of the accident, including damage to all vehicles involved, road conditions, and any visible injuries.
  3. Contact the Authorities: A police report provides an official record of the accident, which can be vital when filing a claim.
  4. Exchange Information: Collect the contact and insurance details of the other drivers involved in the accident.
  5. Consult with an Attorney: Car accident cases can be complex, and having legal guidance ensures that your rights are protected from the outset.

Kellum Law Firm, P.C., stands ready to support victims in Mississippi who have suffered due to an accident caused by another. If your accident has directly affected your physical well-being, contact Kellum Law Firm at their Jackson office at (601) 969-2709 or their Port Gibson office at (601) 590-9000 to explore your legal options.

Car accidents can be one of the most harrowing experiences anyone might face, particularly in an active cityscape like Jackson, MS. With a wide array of potential consequences ranging from minor bruises to life-altering conditions, understanding the most common injuries can aid victims in seeking timely medical and legal assistance. In this article, we delve into some of the most frequent injuries resulting from car collisions and shed light on their potential long-term impacts. Moreover, we’ll explore the paramount significance of securing legal representation post-accident.

Whiplash
Often caused by rear-end collisions, whiplash occurs when the head and neck are suddenly thrust forward and then backward. This rapid movement can strain or tear neck muscles and tendons, leading to pain, stiffness, and limited range of motion. Though many recover from whiplash within weeks, others experience chronic pain and complications, which can persist for months or even years after the incident.

Broken Bones
The sheer force exerted during a car accident can easily lead to broken or fractured bones. Common areas include the arms, legs, ribs, and collarbone. While some fractures heal without long-term complications, others might require surgery and extensive rehabilitation. Severe breaks can lead to chronic pain, reduced mobility, and, in some cases, permanent disability.

Traumatic Brain Injuries (TBI)
A car collision can cause the brain to move inside the skull, leading to traumatic brain injuries. Symptoms can range from mild (concussions) to severe (brain damage). TBIs can have far-reaching implications, such as cognitive deficits, memory problems, mood swings, and, in severe cases, long-term disability or even coma.

Soft Tissue Injuries
Beyond the more discernible injuries, soft tissue injuries, such as sprains, strains, and tears, are common. They might manifest as pain, swelling, or bruising in muscles, tendons, or ligaments. While many soft tissue injuries heal with time, some lead to chronic pain or conditions like tendonitis or chronic muscle strain.

Potential Long-Term Effects
While many car accident injuries heal with appropriate medical care, they can often lead to long-term health issues. Chronic pain, limited mobility, psychological trauma, and diminished quality of life are not uncommon. The mental and emotional scars, such as post-traumatic stress disorder (PTSD), anxiety, or depression, can be as debilitating as physical injuries.

The Need for a Jackson, MS Car Accident Attorney
Having outlined the spectrum of injuries and their potential long-term ramifications, it becomes clear that victims need more than just medical assistance—they need legal representation. Here’s why:

1. Documenting and Validating Injuries: A skilled attorney can ensure all injuries are meticulously documented and validated, establishing a concrete link between the accident and the sustained injuries.

2. Navigating Insurance Complications: Insurance companies might employ tactics to minimize payouts or deny claims. An attorney safeguards victims’ rights, ensuring they receive the compensation they deserve.

3. Estimating Comprehensive Damages: Beyond immediate medical bills, an attorney can factor in long-term treatment costs, lost wages, and non-economic damages like pain and suffering.

4. Legal Expertise: With intricate legal processes, statutes of limitations, and varying laws (like comparative negligence in Mississippi), having an attorney ensures victims don’t inadvertently jeopardize their claim.

5. Peace of Mind: Perhaps most importantly, knowing a competent attorney is advocating for their best interests allows victims to focus on recovery, both physically and mentally.

While car accidents can induce a myriad of injuries, understanding their nature and potential long-term effects can significantly aid in the recovery process. Coupled with the expertise of a dedicated Jackson, MS car accident attorney, victims can not only navigate the complexities of their physical recovery but also ensure they are justly compensated for their trauma.

Don’t hesitate to call us today at (601) 969-2709 to receive your free consultation with our experienced Mississippi Car Accident Lawyer. We 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 Car Accident Lawyer 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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