Car accident injuries can alter the course of your life and cause financial devastation. If the wreck resulted from someone else’s negligence, you may be entitled to compensation for your personal and monetary losses. However, every car accident lawsuit in Mississippi is different. The other driver is not always the one responsible for compensating you.
Effectively handling the auto accident legal process requires understanding who might be liable, how liability is established, the role insurance plays, and whether you enlisted legal help to prepare your case. Consulting a Mississippi car accident attorney can help you understand your rights and options.
How Our Experienced Car Wreck Lawyers Can Help
Pursuing a personal injury claim in Mississippi can be complicated and confusing. At Mama Justice – MW Law Firm, our experienced car accident attorneys can take that burden off you while you focus on recovery. We will:
- Review your case for free – Determining whether you have a valid claim won’t cost you any money. We’ll review your case for free, suggest possible legal options, and guide you based on your needs and goals.
- Investigate the accident – Identifying who is liable in a car accident and building a strong case for compensation requires substantial evidence. A skilled car accident attorney from our firm will investigate the wreck to determine the cause and who is responsible. Then we’ll gather the medical records, financial documents, and witness testimony needed to seek maximum compensation.
- Negotiate with insurance – Insurance companies may use various tactics to minimize your payout or deny your claim. Our personal injury lawyers are tough advocates who can thwart those schemes and present effective counter-arguments during settlement negotiations.
- Represent you in court – If the insurer refuses to make a fair settlement offer, we can file a car insurance lawsuit in Mississippi. When your claim goes to court, you’ll be represented by a seasoned trial attorney to fight for a just verdict.
What It Means to Sue After a Car Accident
Suing someone after a car accident means filing a personal injury lawsuit against them to seek compensation for the injuries and property damage they caused. If the court awards compensation to the injured party, the insurance company will pay the award up to the responsible party’s insurance coverage limits. However, if the court awards more money than the policy covers, you may need to examine other alternatives to recover compensation.
Is the Other Driver Really the One Being Sued?
Technically, yes. Filing a car accident lawsuit in Mississippi means you’re suing the other driver. However, that notion is somewhat misleading. While the other driver is named as the defendant in the lawsuit, they typically don’t pay for the entirety of the damage and injuries they caused. If the responsible party had the required Mississippi auto insurance when the wreck occurred, the insurer will pay any car accident settlement up to the at-fault party’s insurance policy limits. Beyond that, the at-fault party could be responsible for paying the remainder.
Understanding Fault and Liability in Mississippi
In some states, you can only recover compensation in an insurance claim if someone else is entirely at fault. Not so in Mississippi. You may pursue a personal injury claim in Mississippi even if you are partially responsible. That’s because of the state’s pure comparative negligence law.
Under the pure comparative negligence doctrine, you can recover compensation in a car accident case even if you share the blame for the wreck. However, the amount you receive will be reduced in proportion to your percentage of fault.
Not sure what that means? An example can help. Imagine the court says you are 50 percent at fault for the wreck. That means you could potentially recover half of the money available for medical bills, lost wages, and other losses. This remains true even if you are 99 percent at fault. You can seek compensation for the remaining one percent of your compensable losses.
Insurance adjusters and the lawyers on both sides initially determine fault. However, if your car accident attorney disagrees with the other side’s opinion or the auto insurance company refuses to negotiate for a full and fair settlement, an experienced personal injury attorney can file a car accident lawsuit. If this happens, the judge or jury decides who was at fault.
Role of Auto Insurance in a Lawsuit
Auto insurance plays an essential role in the auto accident legal process. Mississippi law mandates that all drivers carry minimum liability coverage. That coverage provides:
- $25,000 per person for bodily injury or death of one person
- $50,000 per accident for total bodily injury or death
- $25,000 for property damage
Due to the high cost of medical care, these mandatory minimums may not fully cover the cost of severe injuries. When the other driver is uninsured or exceeds their insurance coverage limits, you may need to seek compensation elsewhere. For example, if you purchased uninsured/underinsured motorist coverage (UM/UIM), your own insurer could pay for the remaining costs. However, UM/UIM is optional in Mississippi. If you do not have that coverage, a Mississippi car accident lawyer can explore other potential sources of compensation for you.
When a Lawsuit Targets a Third Party
Car wrecks aren’t always another driver’s fault. When that’s the case, a Mississippi car accident attorney may be ablle to pursue compensation from that third party. Examples of potentially liable third parties include:
- Vehicle manufacturers – Defects or malfunctions in the vehicle parts or systems can cause serious car accidents and result in manufacturer liability. Failure to properly warn or instruct customers of known dangers related to the vehicle may also warrant a product liability claim.
- Employers – If the at-fault driver was on the job, their employer might bear some responsibility for the accident if they failed to properly train the driver, allowed or encouraged negligent driving practices, or hired someone with a known history of reckless driving.
- Bar or restaurant – Under Mississippi’s dram shop laws, any establishment that serves alcohol has a legal obligation to avoid overserving customers. If a drunk driver causes a wreck after leaving the establishment, it could be partially liable.
- Government entities – If a wreck is caused by hazardous road conditions, poor signage, or inadequate highway design, a local or state government entity — like the Mississippi Department of Transportation — may be liable.
Need a Car Accident Lawyer You Can Count On? Contact Mama Justice for a Free Case Review
Getting hurt in a car wreck is stressful and painful. Getting legal help doesn’t have to be. If you suffered injuries in a Mississippi collision, the trusted car accident attorneys at Mama Justice will stand up for you.
You’ll notice the Mama Justice difference as soon as you give us a call. Our compassionate legal team will listen to your story and connect you with experienced professionals who care not just about your legal needs, but also your personal well-being. Contact us today for your free consultation.
