Protect Your Rights and Secure Fair Compensation with Kellum Law Firm
Dealing with the aftermath of a car accident is never easy, especially when insurance companies are involved. While insurers may appear supportive, their primary goal is to protect their bottom line, often at the expense of injured victims. Having an attorney represent your interests ensures that you don’t settle for less than you deserve. Here’s why legal representation is crucial and how we guide you through the entire claims process.
Steps to Filing a Car Accident Claim in Mississippi
- Seek Immediate Medical Attention
Your health should always be the priority. Even if you believe your injuries are minor, getting a thorough medical evaluation is essential. Not only does this protect your well-being, but it also provides necessary documentation for your claim. - Report the Accident to the Police
Filing a police report is critical for creating an official record of the incident. This report often serves as a foundational piece of evidence in your claim. - Gather Evidence at the Scene
If possible, document the accident by taking photos of the vehicles, road conditions, and any visible injuries. Collecting contact information from witnesses can also strengthen your claim. - Notify Your Insurance Company
While you must inform your insurer about the accident, limit your statements to factual details. Avoid admitting fault or speculating about the cause of the crash. - Consult an Attorney
Before speaking with insurance adjusters or accepting any offers, consult an attorney to protect your rights and ensure your claim is valued accurately.
Why Insurance Companies Offer Less Than You Deserve
Insurance adjusters are trained to minimize payouts. They may use several tactics, including:
- Downplaying Injuries: Suggesting that your injuries are less severe than claimed.
- Blaming You for the Accident: Arguing that you share significant fault, which can reduce your compensation under Mississippi’s pure comparative negligence rule.
- Quick Settlement Offers: Pressuring you to accept a low initial offer before the full extent of your damages is known.
Having an attorney ensures that these tactics don’t leave you with insufficient compensation for medical bills, lost wages, and pain and suffering.
How Our Attorneys Negotiate with Insurers
- Conducting a Thorough Case Evaluation
We review all aspects of your case, including medical records, accident reports, and witness statements. This comprehensive approach ensures that every loss is accounted for, from medical expenses to future rehabilitation needs. - Communicating Directly with Adjusters
Insurance companies often pressure victims into making statements or accepting offers. We handle all communications to ensure that your words aren’t misinterpreted or used against you. - Calculating the True Value of Your Claim
Insurers often undervalue non-economic damages like pain and suffering. Our attorneys use proven methods to calculate these losses, ensuring you pursue the full compensation you’re entitled to. - Countering Lowball Offers
When an insurance company offers less than what’s fair, we respond with detailed evidence to support your claim’s value. This includes presenting medical records, wage loss documentation, and expert opinions. - Preparing for Trial if Necessary
While most claims settle out of court, we are always prepared to litigate if insurers refuse to offer a fair settlement. Our trial readiness often motivates insurers to resolve claims favorably.
When Legal Action Becomes Necessary
If negotiations fail, filing a lawsuit may be your best option. This process involves:
- Filing the Complaint: Submitting a formal complaint to the court outlining your claims against the at-fault party.
- Discovery Phase: Exchanging evidence with the opposing party, including depositions, documents, and interrogatories.
- Settlement Discussions: Many cases settle before trial during this phase.
- Trial Preparation and Court Proceedings: If no settlement is reached, we present your case to a judge or jury to seek a favorable verdict.
If you’ve been injured in a car accident in Mississippi, the attorneys at Kellum Law Firm, P.C. can protect your rights and negotiate effectively with insurance companies. Contact our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 to discuss your legal options and pursue the compensation you deserve.
Frequently Asked Questions
How does Mississippi’s comparative negligence rule affect my claim?
Mississippi follows a pure comparative negligence rule, meaning your compensation is reduced by your percentage of fault. For example, if you’re found 20% at fault for the accident, your damages are reduced by 20%. Even if you’re 99% at fault, you can still recover 1% of your losses. This makes accurate fault determination critical in your case.
Should I accept the insurance company’s first settlement offer?
Accepting the first offer is rarely advisable. Insurers often provide low initial offers to settle quickly and save money. These offers typically don’t account for the full extent of your medical expenses, lost wages, and pain and suffering. Consulting an attorney ensures your claim is evaluated fairly before agreeing to any settlement.
What if I can’t afford an attorney after a car accident?
Personal injury attorneys typically work on a contingency fee basis, meaning you don’t pay upfront. Instead, the attorney’s fees are deducted from your settlement or verdict. This allows you to access high-quality representation without financial strain.
How do I prove my damages after a car accident?
Proving damages requires thorough documentation. Medical records, pay stubs, repair estimates, and expert testimony can all support your claim. An attorney will help gather and organize this evidence to strengthen your case.
What happens if the other driver doesn’t have insurance?
If the at-fault driver lacks insurance, you may file a claim under your uninsured/underinsured motorist (UM/UIM) coverage. This coverage is designed to compensate you when the responsible party cannot. An attorney can help navigate this process and ensure your insurer fulfills its obligations.
Can I still file a claim if the accident happened months ago?
In Mississippi, the statute of limitations for car accident claims is three years from the date of the accident. However, acting promptly ensures that evidence remains fresh and strengthens your case. Delaying could also make it harder to negotiate with insurers.
What if the insurance company denies my claim?
If your claim is denied, an attorney can help you appeal the decision or file a lawsuit. Common reasons for denial include disputed liability, lack of documentation, or procedural errors. Legal representation ensures these issues are addressed effectively.
How long does it take to settle a car accident claim in Mississippi?
The timeline varies depending on the complexity of your case. Simple claims may resolve within weeks, while more complex cases involving severe injuries or disputed liability may take months or even years. Your attorney will work to expedite the process without compromising your compensation.
What types of compensation are available in car accident claims?
You may recover economic damages (medical expenses, lost wages, property damage) and non-economic damages (pain and suffering, emotional distress). In rare cases involving gross negligence, punitive damages may also be awarded.
Why should I hire an attorney to handle my car accident claim?
Insurance companies have resources and strategies to limit payouts. An attorney protects your rights, calculates the full value of your claim, and negotiates aggressively on your behalf. If necessary, they can also take your case to court to secure the compensation you deserve.
Call Kellum LAW FIRM FOR A FREE CONSULTAtion
If you’ve been injured in an accident, protecting your legal rights should be a priority. At Kellum Law Firm, P.C., we are committed to helping Mississippi accident victims pursue the compensation they deserve. Contact our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 to discuss your case and understand your legal options.
