What to Expect When Settlement Fails and You Must Take Legal Action
Most car accident claims in Mississippi are resolved through settlement, often without filing a lawsuit. However, not every case ends with a handshake and a check. When negotiations stall or the insurance company refuses to make a fair offer, taking your case to trial may be the only way to pursue the compensation you deserve. Understanding when a Mississippi car accident case goes to trial, and what to expect during the litigation process, is critical for anyone seriously injured in a crash.
When Settlement Fails
A car accident claim may head to trial when:
1. The Insurance Company Denies Liability
If the insurance company refuses to accept that their driver caused the accident, or blames you instead, it becomes nearly impossible to settle. Mississippi follows a pure comparative negligence rule, meaning you can recover compensation even if you were partly at fault, but insurers often try to shift as much blame as possible to reduce payouts.
2. The Insurance Company Offers an Unfair Settlement
If you have serious injuries and the insurance company’s offer doesn’t come close to covering your medical bills, lost wages, or pain and suffering, your attorney may recommend filing a lawsuit to pursue fair compensation.
3. Disputes Over the Severity of Injuries
Insurers frequently challenge the extent of your injuries, especially if you have soft tissue damage, chronic pain, or pre-existing conditions. If they claim your injuries aren’t serious or not related to the crash, you may need to go to trial and present medical evidence and testimony to prove your case.
4. Future Damages Are Contested
If you require long-term treatment, can’t return to work, or suffer permanent disability, calculating future damages becomes critical. When the insurer refuses to account for these long-term consequences, a jury trial may be the only way to secure the compensation you’ll need for years to come.
5. Punitive Damages May Be Warranted
In rare cases involving gross negligence—such as a drunk driving accident or intentional reckless behavior—you may be entitled to punitive damages. Insurance companies are less likely to settle when these high-value claims are involved.
What to Expect During a Mississippi Car Accident Lawsuit
If your attorney files a lawsuit, the case will proceed through several key stages. Mississippi law allows you three yearsfrom the date of the accident to file a personal injury lawsuit (Miss. Code § 15-1-49).
1. Filing the Complaint
Your attorney prepares a formal complaint outlining the accident, your injuries, the damages you’re seeking, and the legal basis for your claim. This is filed with the court and served to the defendant (typically the at-fault driver and their insurer).
2. The Defendant Responds
The defendant must respond to your complaint, usually by denying some or all of your allegations and asserting any defenses. They may also file counterclaims or request dismissal.
3. Discovery
This is the evidence-gathering phase, where both sides exchange documents, medical records, photographs, and witness statements. You may be required to give a deposition (sworn statement), and your attorney can also depose the other driver, witnesses, doctors, and even accident reconstruction experts.
4. Pre-Trial Motions
Before trial, the attorneys may argue certain legal issues before the judge, such as motions to exclude evidence or dismiss parts of the case.
5. Mediation or Settlement Conferences
Even after a lawsuit is filed, most Mississippi courts encourage settlement. Judges often require parties to attend mediation or settlement conferences before trial. If negotiations improve, your case may still resolve without going to court.
6. The Trial
If no settlement is reached, your case goes to trial. Both sides present evidence, call witnesses, and make arguments to the jury. The jury then decides:
-
Who was at fault
-
How much compensation, if any, should be awarded
A trial may last anywhere from one day to several weeks, depending on the complexity of the case.
What You Can Recover at Trial
If your Mississippi car accident case goes to trial and you win, the jury may award you compensation for:
-
Medical bills (past and future)
-
Lost wages and diminished earning capacity
-
Pain and suffering
-
Emotional distress
-
Permanent disability or disfigurement
-
Property damage
-
Punitive damages (in cases of extreme negligence or recklessness)
Should You Be Afraid of Going to Trial?
Not at all. While trials are more formal and can take time, they’re often necessary to hold insurance companies accountable when they refuse to treat you fairly. A skilled personal injury attorney will prepare you for every stage of the process and work to present a strong case to the jury.
Remember: even filing a lawsuit can motivate the insurance company to offer a better settlement to avoid court. The goal is not always to go to trial—but to be ready and willing if that’s what your case requires.
Call Attorney bill Kellum today!
If you’ve been seriously injured in a car accident and the insurance company won’t make a fair offer, it may be time to take your case to court. The attorneys at Kellum Law Firm, P.C. know how to prepare for trial 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 schedule your consultation today.
