How Car Accident Compensation Works in Mississippi

All drivers in the state must have car insurance, with coverage of at least 25/50/25. That means their policies must have liability limits of at least:

• $25,000 for bodily injury per person
• $50,000 for bodily injury per accident
• $25,000 for property damage per accident.

In addition, all policies must include uninsured and underinsured motorist coverage with limits of at least $25,000 per person and $50,000 per accident. Drivers can reject this coverage in writing, but it is in their best interests to keep it. It provides protection if they are injured by a driver who does not have insurance – or who does not have enough. 

Drivers should also consider buying policies that have higher liability limits, as damages in an accident can easily exceed the minimum. 

There are also optional types of coverage that can provide further protection for drivers. These include: 

• Medical payments coverage (MedPay) – This pays for medical expenses for treating injuries you suffer in an accident.
• Personal Injury Protection (PIP) – This coverage can be used to pay for medical expenses, as well, but also lost wages and other costs.
• Collision – This pays for vehicle damage caused by the accident. 
• Comprehensive – This pays for vehicle damage caused by non-collision events, such as theft, vandalism, or natural disasters.

This means that the driver who is determined to be at fault for causing the accident is considered responsible for paying for damages. So if you were hit by a driver who was speeding, driving recklessly, texting, or driving under the influence, you can seek financial compensation by filing a third-party car accident injury claim with that driver’s insurance company. 

However, it can be a complicated process. One reason is that negligent drivers often deny doing anything wrong and refuse to accept responsibility for what happened. The insurance company is also likely to challenge your car accident claim. That’s why it’s important to have an experienced car accident lawyer on your side. 

A lawyer can advise you of your legal options. A lawsuit may be necessary, as insurance companies will use many different tactics in an attempt to pay as little as possible. For example, they may: 

• dispute the seriousness of your injuries
• seek access to your medical history to argue that your injuries were pre-existing
• make a lowball settlement offer that falls far short of covering all of the damages you sustained.

An insurance company may also argue that you were partially responsible for causing the accident. Mississippi uses a modified comparative negligence system when determining financial compensation after an accident. If you are found to be at least 51% at fault for causing the crash, you are barred from recovering damages. 

If you are found to be less than 51% at fault for causing the accident, any compensation you are awarded will be reduced by your percentage of fault. For example, if a jury awards you $100,000 but finds you were 25% responsible for the accident, your recovery would be $75,000. That’s why the insurance company will try to assign as much blame as possible to you.

There are many different factors that will impact the amount of compensation you are able to recover after a crash. These include the type and severity of your injuries, the strength of your case, and insurance policy liability limits. 

But in general, you can seek compensation for damages that include: 

• Medical expenses – These include the cost of current and future hospitalization, medical treatments, medications, rehabilitation, and other expenses related to your injuries.
• Lost wages – If you were unable to work due to your injuries, you may be able to recover compensation for the income you lost during your recovery.
• Pain and suffering – These types of damages are intended to compensate you for the physical and emotional pain and suffering you experienced as a result of the accident.

An experienced lawyer will have a thorough knowledge of Mississippi law and will know how to build a strong case that insurance companies need to take seriously. This begins by investigating your accident. A firm’s legal team will gather evidence, carefully review accident reports and medical records, and interview witnesses. If necessary, accident reconstruction experts and other specialists can be consulted. 

Your lawyer can also determine the total damages you suffered as a result of the accident and demand compensation. An attorney can negotiate a settlement with the insurance company and keep you informed of the progress of your car accident claim. If a settlement can’t be reached, your attorney can present your case in court. 

It’s important to get legal advice as soon as possible if you’ve been injured in a Mississippi car accident. The statute of limitations for taking legal action is three years from the date of your crash. But as time goes by, witnesses may forget what they saw and evidence can be lost. Talk to an experienced attorney and learn about your legal options.