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In today’s world, sharing your life online is second nature. But if you’ve been injured in a car wreck, what you post on social media could do serious damage to your personal injury claim. At The Stutzman Law Firm, we’ve seen firsthand how an innocent post can become a powerful weapon for the insurance company. Here’s what you need to know to protect your case—and your future. What You Should Not Post When you're involved in an active injury case, assume everything you post is public, even if your accounts are private. Defense attorneys and insurance adjusters often scour social media to find anything they can use to cast doubt on your injuries or credibility. Avoid posting: Photos of the accident — Even seemingly harmless images can be misinterpreted. Workout, travel, or "feeling great" updates — These can contradict claims of pain or limited mobility. Comments about fault or recovery — Statements like “I’m fine” or “It wasn’t that bad” can be taken out of context. Yes, They Really Are Watching You may think, “Why would an insurance company care about my Facebook or Instagram?” The answer: they’re looking for any excuse to reduce your payout. It’s not unusual for opposing counsel to: Capture screenshots of your posts Subpoena your accounts Use comments or photos in depositions or at trial That beach trip photo? They may argue it shows you aren’t suffering from your injuries. What You Should Do Protect yourself by taking these simple steps: Pause your posting: Go silent on social media until your case is resolved. Adjust your privacy settings: But remember, even private posts can be accessed. Tell friends and family: Ask them not to tag you or post about the accident. Consult your attorney: When in doubt, call us before you post. Final Thought: If You’ve Been Injured, Let Us Do the Talking  At The Stutzman Law Firm, we understand how overwhelming life can be after an accident. You’re trying to heal, deal with insurance, and now you have to worry about your Instagram too? That’s what we’re here for. Let us take the legal burden off your shoulders—so you can focus on recovery, not regret. Call us today at (769) 208-5683 for a free consultation.

Spring has officially arrived in Mississippi—and with it comes sunshine, blooming azaleas, and a sudden urge to tackle that growing to-do list of outdoor chores. From mowing the lawn and trimming hedges to pressure washing the driveway and building that long-promised fence, weekend warriors across the state are diving headfirst into spring projects. But while spring cleaning and home improvement can be satisfying, they can also be surprisingly risky. At The Stutzman Law Firm, we’ve seen how quickly a simple Saturday project can turn into a personal injury claim—or worse, a legal nightmare. Common Springtime Injuries Here are just a few of the ways spring projects can go sideways: Falls from ladders while hanging lights or cleaning gutters Lawn mower injuries, especially when blades aren't fully disengaged Power tool accidents, including saws, drills, and nail guns Trips or falls due to uneven walkways or hidden yard hazards Children injured by unattended equipment These aren’t rare incidents—they happen every year, and often right in someone’s own backyard. Homeowners, Take Note: Liability Starts at Home If someone is injured on your property—even if they were helping you as a favor—you could be held legally responsible. That includes friends, neighbors, hired workers, or even delivery drivers. Mississippi law places a duty on homeowners to maintain reasonably safe conditions. If you knew (or should have known) about a hazard and didn’t warn others or fix it, you could be liable. Tips for a Safer Spring Project Season Whether you're doing the work yourself or hiring help, take these steps to minimize risk: Inspect Your Equipment: Make sure lawn mowers, ladders, and tools are in safe working condition. Keep Work Zones Clear: Remove debris, toys, hoses, and tools from paths and work areas. Label Hazards: If you’re pressure washing or digging, mark slippery or dangerous areas. Supervise Children: Keep kids and pets away from equipment—even if it seems harmless. Hire Carefully: Make sure any contractors you hire are licensed, insured, and reputable. If an Accident Happens… Sometimes, even with the best precautions, accidents happen. If you or a loved one is injured while helping with a spring project—or if someone is injured on your property—it’s important to understand your rights and responsibilities. At The Stutzman Law Firm, we help individuals and families across Mississippi navigate personal injury claims, premises liability cases, and insurance disputes with care and clarity. Call us today at (769) 208-5683 for a free consultation.

Distracted driving isn't just a national issue; it's an increasingly dangerous reality here in Mississippi. With April marking Distracted Driving Awareness Month, there's no better time to talk about this critical safety concern. The Rising Numbers According to recent statistics, distracted driving contributes significantly to motor vehicle accidents nationwide. In Mississippi alone, distracted driving accounted for thousands of accidents last year, many involving serious injuries or fatalities. Even a quick glance at a phone can have devastating consequences. Common Distractions Behind the Wheel Distracted driving involves more than texting or phone calls. Common distractions include: - Texting or checking social media - Talking on the phone - Adjusting GPS or music - Eating or drinking - Interacting with passengers or pets Mississippi's Distracted Driving Laws In Mississippi, texting and driving is illegal for all drivers, carrying fines and penalties, especially if an accident results. Drivers under 18 face additional restrictions, prohibited from using any handheld device while driving. Staying Safe and Focused Here's what you can do to stay safe: - Set your phone to 'Do Not Disturb' while driving. - Plan your route and music selections before starting your trip. - Avoid multitasking—stay fully focused on the road. - Educate family members, especially teen drivers, about these dangers. What to Do If You're in an Accident If you're involved in an accident caused by distracted driving: 1. Check for injuries and call emergency services immediately. 2. Document the scene if safe to do so, including photographs. 3. Obtain witness information. 4. Contact an experienced personal injury attorney to protect your rights. At The Stutzman Law Firm, we are committed to holding distracted drivers accountable and securing justice for those affected. If you or someone you love has been impacted by a distracted driving incident, contact us today at (769) 208-5683. Your safety and recovery are our top priorities. Stay alert, Mississippi—your life and the lives of others depend on it. Call us today at (769) 208-5683 for a free consultation. 

Being involved in a car accident is a stressful and often overwhelming experience. In the aftermath, victims frequently make innocent mistakes that can jeopardize their personal injury claims. At The Stutzman Law Firm, we understand these challenges and have compiled the top five pitfalls you should avoid to protect your rights and ensure the best possible outcome for your case. 1. Not Calling the Police or Making a Formal Report One of the most critical steps after an accident is to call the police and make an official report. A police report provides a neutral, detailed account of the accident scene, identifies involved parties and witnesses, and often establishes preliminary fault. Without this documentation, proving your case can become significantly more challenging. 2. Skipping or Delaying Medical Attention Even if you feel fine immediately after an accident, injuries such as whiplash, concussions, or internal damage might not appear right away. Delaying medical treatment can weaken your claim, as insurance companies often argue that your injuries are unrelated to the accident or less severe due to the delay. Always seek medical care immediately, document your injuries thoroughly, and follow your doctor's advice closely. 3. Giving Too Much Information to Insurance Companies Insurance adjusters may seem friendly, but their primary goal is to minimize payouts. Statements made casually or inadvertently can be twisted to harm your claim. Limit conversations with insurance companies to essential facts, avoid discussing fault or detailed personal information, and never accept settlement offers without consulting a trusted attorney. 4. Posting Accident Details on Social Media Social media can significantly damage your personal injury claim. Insurance companies routinely monitor platforms like Facebook, Instagram, and Twitter, looking for posts that could suggest your injuries are minor or contradict your claim. Even innocent posts can be misinterpreted. Protect yourself by limiting posts about your accident, injury, and even day-to-day activities until your case concludes. 5. Waiting Too Long to Contact an Attorney One of the biggest mistakes accident victims make is waiting to consult a lawyer. Evidence disappears, witnesses become difficult to locate, and memories fade. Early involvement by a knowledgeable personal injury attorney helps preserve critical evidence, navigate complex legal and insurance issues, and positions you for the best possible outcome. Conclusion Recovering from a car accident is challenging enough without complicating your claim through avoidable mistakes. By being aware of these pitfalls, you can protect your rights and maximize your recovery. At The Stutzman Law Firm, we're dedicated to guiding you through every step of your case. If you or someone you know has recently been involved in a car accident, don't wait—contact us today. We're here to help you understand your options, safeguard your rights, and ensure the best possible outcome for your personal injury claim. Call us today at (769) 208-5683 for a free consultation.

If you’ve been in a car accident in Mississippi, even if your vehicle was fully repaired, it may no longer be worth what it was before the accident. This loss in value is known as diminished value, and many car owners are unaware that they may be entitled to compensation for it. What is Diminished Value? Diminished value refers to the reduction in a vehicle’s market value after an accident, even after it has been properly repaired. Buyers and dealerships often perceive a previously damaged vehicle as less desirable, meaning that if you ever decide to sell or trade-in your car, you could receive significantly less than its pre-accident value. There are three main types of diminished value: Immediate Diminished Value – The difference in resale value immediately after an accident before repairs are made. Inherent Diminished Value – The loss in value due to the stigma of the accident history, even after full repairs. Repair-Related Diminished Value – Loss of value caused by inadequate repairs, use of aftermarket parts, or unfixable damage. Can You File a Diminished Value Claim in Mississippi? Yes! Mississippi allows vehicle owners to seek compensation for inherent diminished value if another driver was at fault for the accident. Insurance companies, however, often try to avoid paying these claims or significantly undervalue them. Who Can File a Diminished Value Claim? To successfully file a claim in Mississippi, you must meet the following conditions: The accident was not your fault. You were involved in a collision with another insured driver. Your vehicle suffered significant damage and has since been repaired. Your car is not too old or excessively high-mileage (typically, vehicles under 5-7 years old are best suited for these claims). How to Prove a Diminished Value Claim To maximize your compensation, you will need to provide: A Vehicle History Report (such as Carfax) showing the accident record. A Diminished Value Appraisal from a professional. Documentation of repairs performed and before-and-after vehicle valuation. How Much is Your Diminished Value Claim Worth? The amount you can recover depends on factors like: The pre-accident value of your vehicle. The extent of the damage and quality of repairs. The make, model, and year of your vehicle. Whether your vehicle has a clean title or was branded as “salvage.” A commonly used formula to estimate diminished value is the 17c Formula, which many insurance companies use as a baseline, but this method often undervalues claims. An independent appraisal is usually more accurate. How to File a Diminished Value Claim in Mississippi Gather Documentation – Collect repair records, accident reports, and market value estimates. Get an Independent Diminished Value Appraisal – This strengthens your case. Submit a Demand Letter to the Insurance Company – Outline your claim and the amount requested. Negotiate with the Insurance Adjuster – Be prepared to counter lowball offers. Seek Legal Help if Necessary – If the insurance company refuses to pay fair value, you may need an attorney. Why Insurance Companies Fight Diminished Value Claims Insurance companies often resist paying diminished value claims because they increase their payouts. They may argue that: Your car has already been fully repaired. The market value loss is minimal. The accident history won’t impact resale value significantly. However, Mississippi courts have recognized diminished value claims, and policyholders have the right to fight for fair compensation.  Let Stutzman Law Firm Help You! At Stutzman Law Firm, we regularly handle diminished value claims in Mississippi and will ensure that you receive the full compensation you deserve. If you’ve been in an accident and your car’s value has dropped, don’t settle for less! Call us today at (769) 208-5683 for a free consultation.

When you’re involved in a car accident, medical expenses can add up quickly. Many people assume their health insurance will cover these costs, but if you have Medical Payments Coverage (MedPay) on your auto insurance policy, it actually comes first. What Is MedPay? MedPay is an optional coverage available on auto insurance policies that covers medical expenses for you and your passengers, regardless of who was at fault for the accident. It helps cover costs such as: Emergency room visits Ambulance fees Hospital stays Doctor visits Surgery X-rays and other diagnostic services Unlike health insurance, MedPay does not have deductibles, copays, or network restrictions. This means that it can provide immediate financial relief after an accident. How MedPay Works After an Accident If you’re injured in a car accident, your MedPay coverage is primary. This means it must be exhausted before your health insurance will begin to process medical bills. Here’s how it works: You seek medical treatment after an accident. Your MedPay coverage pays first, covering eligible expenses up to the limit of your policy (typically $1,000 to $10,000, depending on your coverage). Once your MedPay is fully used, your health insurance takes over. Why This Matters for Injury Claims Understanding MedPay is crucial because it affects how medical bills are handled after an accident. If you fail to use MedPay first, your health insurer may deny coverage or delay processing, assuming MedPay should have been used initially. This can cause unnecessary headaches and even lead to medical bills being sent to collections. Additionally, if another driver is at fault for your accident and you pursue a personal injury claim, MedPay can help cover expenses while your case is pending, rather than waiting for a settlement. Should You Have MedPay? If you’re unsure whether you have MedPay on your policy, now is a great time to check. Adding MedPay is often affordable and provides valuable protection, especially if you don’t have strong health insurance or if you have high deductibles.  Call us today at (769) 208-5683 for a free consultation.

What Is Bad Faith? Insurance companies have a legal duty to act in good faith when handling claims from policyholders. This means that insurers must investigate claims fairly, process them in a timely manner, and provide reasonable justification for any denials. When an insurance company unreasonably denies, delays, or undervalues a legitimate claim, it may be acting in bad faith—a tort that can give rise to legal claims for damages beyond the initial policy benefits. The Legal Standard: Black Letter Law The tort of bad faith arises when an insurer breaches its duty to act fairly and in good faith toward its insured. Under general legal principles, a bad faith claim typically requires proving: The insured had a valid claim under the policy. The insurer denied or delayed the claim without a legitimate reason. The insurer acted with reckless disregard or an intentional lack of reasonable basis. If these elements are met, the insured may be entitled to compensation not only for the original claim but also for additional damages, including punitive damages intended to punish the insurer’s misconduct. Bad Faith Insurance Law in Mississippi Mississippi courts have long recognized the tort of bad faith and established specific legal standards for proving it. Some key precedents include: State Farm Fire & Casualty Co. v. Simpson, 477 So. 2d 242 (Miss. 1985) – Established that an insurer can be held liable for punitive damages if it denies a claim without a legitimate or arguable reason. Universal Life Ins. Co. v. Veasley, 610 So. 2d 290 (Miss. 1992) – Clarified that emotional distress damages can be recovered in bad faith insurance claims. United American Ins. Co. v. Merrill, 978 So. 2d 613 (Miss. 2007) – Reaffirmed that insurers must conduct a reasonable investigation before denying a claim. In Mississippi, an insurer acts in bad faith when it fails to conduct a proper investigation, unreasonably delays payment, or denies a claim without a valid reason. Courts may award punitive damages in cases where the insurer’s conduct is especially egregious. Examples of Bad Faith Practices Unreasonable claim denials – Denying a valid claim without a reasonable basis. Delays without justification – Failing to process claims within a reasonable timeframe. Failure to investigate – Denying a claim without gathering all necessary evidence. Lowball settlement offers – Offering significantly less than the claim’s fair value. Misrepresenting policy terms – Providing false or misleading information about coverage. What Can You Do If You Suspect Bad Faith? If you believe your insurance company has acted in bad faith, you have options: Document Everything – Keep records of all communication, claim filings, and responses from the insurer. Request Written Justification – Ask the insurer to provide a clear reason for the denial or delay. Consult an Attorney – Legal action may be necessary to recover what you’re rightfully owed. Let Stutzman Law Firm Fight for You Bad faith insurance claims are complex, but you don’t have to face them alone. If your claim has been unfairly denied, delayed, or undervalued, contact The Stutzman Law Firm today for a consultation. We have the experience and knowledge to hold insurers accountable and fight for the compensation you deserve.  Don’t let the insurance company take advantage of you—know your rights and take action! Call us today at (769) 208-5683 for a free consultation.

Imagine being sued and relying on your insurance company to defend you—only to find out later they might refuse to pay the claim altogether. It’s a stressful and potentially damaging situation. Thankfully, Mississippi law provides protection for insured individuals facing this dilemma through something known as "Moeller counsel." What Exactly Is Moeller Counsel? In Mississippi, Moeller counsel refers to your right to choose an independent attorney when your insurance company agrees to defend you under a "reservation of rights." A reservation of rights means your insurance company provides legal representation but also explicitly states they may deny coverage for the claim later. The term "Moeller counsel" comes from a landmark Mississippi Supreme Court case, Moeller v. American Guarantee & Liability Insurance Co. This ruling established the important principle that when an insurance company defends a policyholder under a reservation of rights, the insured has the right to select their own independent counsel, with the insurer responsible for the attorney’s fees. Why Would You Need Moeller Counsel? Insurance companies have a financial interest in minimizing or even avoiding payouts. When they issue a reservation of rights, they're essentially signaling that they might not fully stand behind you when the lawsuit concludes. This creates a conflict of interest: Whose interests will the insurer’s attorney prioritize? Will they focus on limiting the insurer’s financial exposure or on fully protecting your rights? Moeller counsel ensures your lawyer has no divided loyalty—their only priority is you. Real-World Example of Moeller Counsel Consider this scenario: Sarah owns a small retail store. A customer slips, falls, and files a lawsuit alleging negligence. Sarah's insurance company agrees to provide a defense but issues a reservation of rights, claiming that certain policy exclusions might apply. Sarah is now facing uncertainty about whether the insurer will ultimately cover any judgment. Because of Moeller, Sarah has the right to hire her own attorney—someone whose sole responsibility is to ensure Sarah’s interests are fully protected throughout the litigation. The insurance company is required by law to pay the reasonable attorney’s fees incurred by Sarah’s chosen counsel. Your Rights Under Mississippi Law Under Mississippi law, if your insurer defends your lawsuit with a reservation of rights, you have the following rights: Right to Independent Counsel: You may select an attorney you trust, independent of your insurance company. Insurer-Paid Legal Fees: Your insurer must cover the reasonable legal fees for your chosen Moeller counsel. Peace of Mind: You know your attorney’s loyalty is solely with you—not with the insurer. How The Stutzman Law Firm Can Help At The Stutzman Law Firm, we understand how stressful it can be when facing litigation combined with insurance uncertainty. We're committed to educating and empowering our clients to understand and assert their rights fully. If you're facing a reservation of rights situation, we're here to help you evaluate your options and ensure you receive the dedicated advocacy you deserve. Don't face insurance disputes alone— call us today at (769) 208-5683 for a free consultation.

Filing an insurance claim is often one of the first steps you should take following an accident or injury. An insurance claim asserts your right to compensation for your losses, allowing you to rebuild, recover, and move forward. However, understanding what your claim is potentially worth is equally important. The exact value of your claim will depend on the specific circumstances of your accident or injury and the steps your insurance company takes to ultimately decide its value. Often, different insurance companies follow similar procedures and target similar key elements when evaluating a claim. With the help of The Stutzman Law Firm, PLLC , understanding how insurance companies evaluate claims allows you to make more informed decisions, advocate for a fair settlement, and make sure you are adequately compensated for your losses. Located in Flowood, Mississippi, the firm serves clients throughout Brandon, Clinton, Pearl, Richland, and Rankin County. What Constitutes an Insurance Claim? An insurance claim is a formal request made by a policyholder to their insurance company for coverage or compensation for a specific loss or policy event. To constitute filing an insurance claim, the event prompting the claim must be covered under the policyholder's insurance agreement, such as a car accident, theft, property damage, or personal injury. Filing a claim initiates a review process by the insurance company to determine whether the claim is valid and, if so, the amount of payment the insured is entitled to receive. The policyholder must notify their insurance company about the event and provide all necessary documentation and evidence so the insurance company can accurately evaluate the claim and determine the compensation amount. In Mississippi, you have three years to file an insurance claim for both personal injuries and property damage. If you wait too long to file your claim, it may be denied or result in a lower value due to the delayed response. What Must an Insurance Company Compensate? An insurance company is obligated to compensate for losses and damages that fall within the coverage outlined in the insurance policy agreement. This compensation typically covers: The cost of repairs The replacement of damaged or stolen property Medical expenses resulting from personal injuries In some cases, the legal fees associated with defending a claim Depending on the nature of the claim, coverage may also include compensation for indirect losses such as loss of income if the insured is unable to work due to injury or the time required to repair or replace damaged property. Policyholders must thoroughly understand their policy coverage, including any deductibles and limits, to know what to expect in terms of compensation following a claim. Common Factors Considered When Evaluating an Insurance Claim Insurance companies consider various factors when evaluating the value of a claim. The aim is to understand the extent of the loss and determine the appropriate amount of compensation. Some of the common factors insurance companies commonly consider include: Severity of the damage or injury: The more severe your injury or damage, the higher the value of your claim will likely be. More severe injuries or significant damages often require costly medical treatment, repairs, and replacements. Documentation and evidence: Comprehensive documentation such as medical records, property repair costs, police reports, and any lost wages due to time off work provide a factual basis for assessing the claim. The quality and completeness of this evidence can greatly impact the evaluation. Insurance policy details: The terms, coverage limits, exclusions, and deductibles outlined in your insurance agreement play a crucial role in determining the value of a claim. Some policies may have higher limits for certain types of losses, while others may not cover them at all. Costs of medical treatment: In personal injury cases, the current and future costs of medical treatment are assessed. This often involves examination of treatment plans, recovery times, and any long-term medical care needs. Market value assessments: For property damage, assessments of the current market value of the damaged or lost property are crucial to determining compensation. Understanding these factors can help policyholders better prepare their claims and documentation, aiming for a more accurate and fair assessment of their losses. Evaluation Process for Personal Injury Claims The evaluation process for personal injury insurance claims in Mississippi involves several critical steps to make sure you receive fair compensation for your injuries: The insurance company will require you to submit comprehensive documentation, including medical reports, proof of lost wages, and any other evidence supporting the extent of your injuries and the impact they have had on your life. The insurance adjuster will review the details of the claim. This includes examining the severity of your injury, the anticipated recovery time, and how the injury affects your ability to continue your pre-incident life. The insurance adjuster will consider current and future medical expenses, including treatment costs, rehabilitation expenses, and any need for long-term care. The insurance adjuster will also evaluate non-economic damages such as pain and suffering, loss of enjoyment of life, and emotional distress resulting from the injury. While more subjective, these factors also play a crucial role in determining the total value of the claim. Once the evaluation process is complete, the insurance company will make a settlement offer based on the gathered evidence and their assessment of the claim's value. With the assistance of an attorney, you can then decide to accept this offer, negotiate for a higher settlement, or pursue legal action if you deem the offer to be insufficient. Determining Liability Mississippi operates under a "pure comparative negligence" rule, which means that as long as you are less than 100% at fault for your injury, you can still seek compensation. However, the amount of compensation you receive may be reduced if you are found to be partly at fault for the incident that led to their injuries. The insurance company will examine police reports and witness statements to determine the percentages of fault for both parties involved. Evaluation Process for Car Accident Claims The evaluation process for car accident claims in Mississippi involves a series of steps to assess the property damage value and determine the compensation due. This process is designed to make sure that all relevant factors are considered for a fair settlement: Accident report: After a car accident, you must report the incident to your insurance company and submit the initial documentation. This includes the police report, photos of the damage, witness statements, and any other relevant evidence that provides context about the incident. Damage assessment: The insurance company will send an adjuster to examine the extent and severity of the vehicle's damage and estimate the repair costs. This may involve a consultation with auto repair professionals to obtain accurate estimates. Review of policy coverage: The insurance adjuster will review your coverage details to understand the coverage available for the damage. This includes evaluating coverage limits, deductibles, and any exclusions that might affect the claim. Liability determination: Under Mississippi’s pure comparative negligence rule, the insurance adjuster will also determine liability and fault. This directly impacts the settlement amount, as compensation can be reduced proportionally to your fault in the incident. Depreciation estimation: For vehicles, insurance adjusters consider the current market value and depreciation, especially if the damage is severe enough to deem the vehicle a total loss. The insurance company will estimate the car's pre-accident value versus the cost of repairs to decide whether it's more economical to repair or replace the vehicle. Settlement offer: Based on the assessments, the insurance company will offer a settlement that covers the cost of repairs (subject to the policy's terms) or provides compensation for a total loss. This offer reflects the adjuster’s findings, the policy details, and the liability assessment. Negotiation: You have the opportunity to negotiate this offer, especially if they believe the settlement does not accurately reflect the damage or the vehicle's value. Experienced legal representation can advocate on your behalf for a more favorable settlement. Throughout this process, policyholders are encouraged to maintain detailed records, maintain communication with the insurance company, and, if necessary, seek legal advice to make sure they receive fair compensation for their car accident claim. Seek Experienced Legal Counsel Whether you need to file a car accident or a personal injury claim, the value of an insurance claim is influenced by a multitude of factors. The experience and knowledge of a seasoned attorney can help you better understand what to expect from an insurance evaluation and how to proceed with filing a successful claim. Located in Flowood, Mississippi, The Stutzman Law Firm, PLLC is committed to helping its clients with insurance claims. Reach out to set up a free consultation.