Car Accident Lawyers Near Me Help Navigate the Claim Process

Understanding the personal injury claim process can help make the road ahead less daunting. When you hire car accident lawyers in Mississippi, they will help you navigate the legal process. They will also provide clarity and guidance throughout each step so you know what is ahead and feel confident when action is taken. 

Once you begin working with a lawyer, they will ensure that you receive a fair settlement from the insurance company and will send them a demand letter challenging any low offers that are received. If an acceptable amount cannot be negotiated and decided on, a lawsuit will be filed. If this cannot be settled out of court, it will proceed to trial. 

Trials require that a discovery process be completed. Your lawyer will investigate your case and help gather the evidence needed to demonstrate the negligence that occurred to cause your injuries. They will also develop effective strategies for your case that are specific to your situation. 

The Importance of Establishing Negligence and Determining Fault

The standard of negligence must be established in a personal injury claim. Evidence must be produced to show that negligence occurred and that the other driver is at fault. To fulfill this legal requirement, your lawyer must demonstrate the following:

• Duty of care: The other driver had an obligation to take reasonable care to keep you safe and prevent harm from coming to you.
• Breach of duty: The driver engaged in unnecessary behaviors which failed to uphold their responsibility to you.
• Causation: The other driver’s actions directly led to the accident, as well as your injuries and other losses. 
• Damages: The negligent driver is held liable and is obligated to pay for your damages as restitution.

In some cases, multiple parties can be responsible for causing an accident. Their level of contribution must be shown when determining negligence and fault. This can also affect how much each party may receive in compensation. As such, Mississippi’s pure comparative negligence laws are applied. 

According to Mississippi Code § 11-7-15, each party may still claim damages even if they are partially at fault. However, compensation will be reduced in proportion to a person’s percentage of fault. For example, if it is determined that one party is 15% responsible for the collision, their maximum amount of damages will be reduced by 15%. 

Be Aware of Mississippi Statute of Limitation Requirements

Car accident victims should be mindful of how long they wait to file a personal injury claim. According to Mississippi Code § 15-1-49, victims are limited to a period of three years before they are barred from making any further claims. However, it is best to talk to a car accident attorney in Mississippi as soon as possible. Filing a claim soon after an accident results in a better outcome due to stronger evidence. 

A Car accident lawyer Near Me Provides Valuable Support When You Need it the Most

Legal representation can mean the difference between being taken advantage of and receiving a fair settlement. A lawyer safeguards you against those acting in bad faith so your rights are not violated. They are also able to secure better results and larger settlements than if you were to resolve your case on your own. 

Another advantage of working with a lawyer is that you have someone who knows the language to use when dealing with insurance companies and opposing representation. This helps them negotiate effectively. Your lawyer also knows what these parties are looking for in order to avoid paying you, and your lawyer can help you avoid saying or doing anything that might hurt your claim and prevent you from receiving your compensation. 

How a Car Accident Attorney Near Me Can Help Secure a Fair Settlement

Expensive medical bills, vehicle damage costs, and more can be overwhelming and make you feel like you are treading water. To minimize the stress of paying for these expenses out of your own pocket, damages from a personal injury claim can offset your losses and allow you to pay for the care you need.

To get an accurate picture of what you can recover after a car accident in Mississippi, it is essential to talk with the car accident attorneys representing you. There are many variables that can impact your settlement, and your lawyer can review your case with you to get an accurate picture of which damages you may be entitled to. They can also ensure that all relevant expenses and losses are factored in when estimating the projected value of your compensation. Your lawyer will use these estimates to negotiate a settlement you are satisfied with. 

Below is a closer look at the types of damages you may be able to recover after a car accident and how they are calculated. 

Economic Damages

Economic damages exist to help you recover the financial expenses that you are currently facing, as well as those that are ongoing. Depending on the severity of your injuries, they can also help cover the costs of medical equipment or adjustments you must make to your home. 

Calculating economic damages is straightforward. Bills for medical treatments, repair estimates for vehicle damages, and documentation of reduced or lost income from an inability to work can be added up to determine the value of your losses. These records will also serve as evidence when establishing negligence. 

Non-Economic Damages

Non-economic damages are much less straightforward than economic damages. This type of compensation is for the pain and suffering you have experienced. Car accidents are traumatic and may also impact your ability to enjoy life, company, or get through the day without PTSD symptoms. 

In other words, non-economic damages are not able to be precisely calculated. Those damages are based upon the pain you feel, both emotional and physical. The amount of money paid for non-economic damages is most often based upon the severity of the injury, how long the injury lasts, and the overall impact that the injury has on your life, including activities you can no longer enjoy doing because of the injury. It is important that you consult with a car accident lawyer, like those at Stroud, Flechas, & Dalton, who understand the value of your non-economic damages and will fight to get you fair compensation for what you have lost. 

Punitive Damages

Punitive damages are seldom used and are reserved for instances of extreme gross negligence or malice. In these cases, your losses may be so severe that you need additional compensation to cover them fully. As its name implies, punitive damages are also designed to punish the actions of the party liable for your damages and deter them from any similar future behavior. 

Entrust Your Representation to Stroud, Flechas & Dalton 

Working with Insurance Companies after a Car Accident:

• Geico Insurance
• Liberty Mutual Insurance
• Farm Bureau and Southern Farm Bureau Insurance
• Nationwide Insurance
• Progressive Insurance
• State Farm Insurance
• Travelers Insurance
• Direct Insurance
• USAA Insurance
• Zurich Insurance

Learn what you can do if the insurance company is not offering to pay for all of your damages.