Protecting Your Rights and Maximizing Compensation After a Crash

Car accidents can leave victims dealing with medical bills, lost wages, and ongoing pain. While some claims may be straightforward, many involve disputes over fault, insurance company tactics, and undervalued settlements. Knowing when to hire a lawyer can make the difference between recovering the full compensation you deserve and settling for less than what your injuries will cost over time.

When Hiring a Lawyer is Necessary

Not every car accident claim requires legal representation, but certain situations make hiring an attorney essential. Here are some key signs that legal help is necessary:

The Insurance Company Offers a Quick, Low Settlement

Insurance companies are businesses, and their goal is to settle claims for the lowest amount possible. Adjusters often pressure victims into accepting early settlements before the full extent of injuries is known. Once a settlement is accepted, you give up the right to seek additional compensation. A lawyer can assess whether an offer truly covers all current and future expenses.

Your Injuries Are Serious or Long-Term

If you suffered broken bones, spinal cord damage, traumatic brain injuries, or any other serious condition, the costs will extend far beyond an initial hospital visit. Medical treatments, rehabilitation, and lost income should all be factored into a settlement. Attorneys work with medical professionals to estimate the long-term impact of injuries and fight for full compensation.

Fault is Disputed

Mississippi follows a pure comparative negligence system, meaning your compensation is reduced based on your percentage of fault. Insurance companies often try to shift blame onto the victim to lower their payout. A lawyer gathers evidence, such as accident reports, witness statements, and expert testimony, to establish liability and prevent unfair blame.

The Other Driver is Uninsured or Underinsured

If the at-fault driver lacks sufficient coverage, recovering compensation becomes more difficult. Mississippi requires minimum liability coverage of $25,000 per person and $50,000 per accident, but serious injuries often exceed these limits. A lawyer can explore options like uninsured/underinsured motorist coverage, personal injury protection, or filing a lawsuit against the responsible driver.

Your Claim Has Been Denied

Insurance companies sometimes deny claims outright, arguing that the accident wasn’t their policyholder’s fault, the injuries weren’t caused by the crash, or the damages aren’t as severe as claimed. Legal representation is critical in appealing denials and holding insurers accountable.

There is a Wrongful Death Claim

If a loved one was killed in a car accident, surviving family members may pursue a wrongful death claim. These cases involve complex legal issues, including proving negligence and calculating financial and emotional losses. An attorney can handle these challenges while families focus on grieving and healing.

How Not Wearing a Seatbelt Affects Your Claim

Mississippi law requires drivers and passengers to wear seatbelts, but failing to do so does not automatically prevent an injured person from recovering damages. However, insurance companies may use the seatbelt defense to argue that injuries would have been less severe if a seatbelt had been worn.

Mississippi follows a pure comparative negligence rule, which means a victim’s compensation is reduced based on their percentage of fault. If an insurance company convinces a jury that not wearing a seatbelt contributed to 20% of a victim’s injuries, the final compensation will be reduced by 20%.

It is important to note that Mississippi does not have a law that specifically allows or prohibits using seatbelt non-compliance as evidence in personal injury claims. However, insurers often attempt to introduce this argument, making legal representation valuable in countering these claims.

The Risks of Accepting a Quick Settlement

After a car accident, insurance companies move fast to settle claims before victims fully understand their financial needs. A quick settlement may seem appealing, but there are significant risks involved.

Future Medical Expenses May Not Be Covered

Some injuries, such as whiplash, back injuries, and concussions, may not show symptoms immediately. Others may require long-term treatment, physical therapy, or surgery. A fast settlement often fails to account for these future costs.

Lost Wages and Earning Capacity May Be Undervalued

Many victims need time off work to recover, and some may never return to the same job or earning potential. Insurers often exclude future lost wages in early settlement offers.

Pain and Suffering Damages Are Often Ignored

Insurance companies focus on economic losses but often undervalue non-economic damages like pain and suffering, emotional distress, and loss of enjoyment of life. Without a lawyer, victims may not realize they are entitled to compensation for these losses.

Once You Accept, You Can’t Seek More Compensation

Signing a settlement agreement typically means giving up the right to pursue additional compensation—even if new medical issues arise. A lawyer ensures that all future costs are considered before any agreement is finalized.

Pursuing Legal Action for Full Compensation

When an insurance company refuses to offer fair compensation, legal action may be necessary. Filing a lawsuit allows victims to:

• Gather stronger evidence of fault and damages
• Obtain expert testimony to prove long-term impact
• Seek a fair amount for pain and suffering
• Hold negligent drivers and insurers accountable

While many cases settle before trial, having legal representation signals to insurance companies that you are serious about recovering the compensation you deserve.

If you or a loved one has been injured in a car accident, legal guidance can help you secure full compensation. Kellum Law Firm, P.C. has experience handling Mississippi car accident claims and fighting for victims’ rights. Call our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 to discuss your case and protect your financial future.

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Car Accident Lawyer Frequently Asked Questions

What are the benefits of hiring a lawyer after a car accident in Mississippi?
A lawyer helps protect your rights by handling negotiations, gathering evidence, and ensuring you receive full compensation for medical bills, lost wages, and pain and suffering. Legal representation is particularly important when the insurance company disputes liability or offers a low settlement.

Can I still get compensation if I was partially at fault for the accident?
Yes. Mississippi follows a pure comparative negligence system, which means you can recover damages even if you were partly responsible. However, your compensation will be reduced by your percentage of fault.

How does not wearing a seatbelt impact my car accident claim?
While Mississippi law requires seatbelt use, failure to wear one does not automatically prevent recovery. However, insurance companies may argue that your injuries were made worse by not wearing a seatbelt, potentially reducing your compensation under comparative negligence laws.

Should I accept the first settlement offer from an insurance company?
No. Initial offers are often lower than what victims deserve. Insurers make quick settlement offers to limit payouts before the full impact of an injury is known. A lawyer can help evaluate whether an offer is fair and negotiate for a higher amount if necessary.

How long do I have to file a lawsuit after a car accident in Mississippi?
Mississippi law allows three years from the date of the accident to file a personal injury lawsuit. If this deadline is missed, the right to recover compensation may be lost.

What should I do if the insurance company denies my claim?
If a claim is denied, you can challenge the decision through an appeal or by filing a lawsuit. A lawyer can help gather additional evidence, challenge the insurer’s reasoning, and fight for fair compensation.

Can I handle my Mississippi car accident claim without a lawyer?
While some minor claims can be handled without legal assistance, cases involving serious injuries, disputed fault, or low settlement offers benefit from legal representation. Attorneys ensure that victims receive all the compensation they deserve.

How much does it cost to hire a car accident lawyer?
Most personal injury lawyers, including those at Kellum Law Firm, work on a contingency fee basis, meaning they only get paid if they win your case. There are no upfront costs, and attorney fees are deducted from the final settlement or verdict.