Personal Injury FAQs
June 13, 2023
Most people know some general information about personal injury claims. Someone causes an accident. You are injured. You file a claim against the at-fault person’s liability insurance to obtain a monetary settlement.
The fact is that personal injury claims are never easy because people who cause accidents don’t want to admit it and their insurance companies don’t want to pay claims.
Attorney Ronald E. Stutzman, Jr. believes the best personal injury clients he represents are those who ask him a lot of questions. The answers he gives will help his clients make informed decisions that are theirs to make throughout the process. If you want to know more about personal injury claims in Flowood, Pearl, Brandon, Richland, Clinton, and Rankin County, Mississippi, The Stutzman Law Firm, PLLC is here to help. In fact, here is a little information surrounding frequently asked personal injury questions to get you started.
Are personal injury claims based on fault in Mississippi?
Is Mississippi a fault state? Yes, the Magnolia State is a fault state, allowing injury victims to pursue financial compensation from those who were at fault for their injuries and resulting damages. To obtain compensation, you will file a personal injury claim and sue the negligent party in civil court, if necessary.
After an accident, what should I do?
Always get medical attention after an accident. Even if you don’t feel injured enough to go to the emergency room, you should. Some injuries aren’t immediately apparent, but a trauma physician will know what to look for. Delaying treatment could hamper your ability to recover.
Also, remember that you don’t have a personal injury claim if you don’t suffer injuries that encumber medical expenses, inhibit your ability to earn a living, cause pain and suffering, and other damages. You will need a medical diagnosis linking the injuries to the accident and medical bills to pursue a claim. Don’t give the insurance company a reason to deny your claim.
What if I might share some blame?
Fault determines who pays for damages. However, Mississippi uses pure comparative negligence in personal injury claims. That means you can be partially at fault and still recover compensation. Just know that the amount you receive will be reduced by any percentage of fault assigned to you.
The insurance adjuster called. Should I talk to them?
If the person who caused the accident contacts their insurance company to report it, you might hear from the insurance adjuster before you even get out of the emergency room. The adjuster will want you to answer questions about the accident and your injuries and will ask for permission to record the interview.
Although the insurer is entitled to information, you should not answer their questions before you consult with a personal injury attorney. The adjuster will employ tactics designed to get you to admit fault, contradict yourself, and undervalue your injuries. Tell the adjuster you won’t answer questions until you have talked to your lawyer.
How much time do I have to file an injury claim?
Under Mississippi law, you have three years from the date of the injury-causing accident to file a personal injury lawsuit. Wait too long and you forfeit your right to sue.
However, you should file a claim against the at-fault party right away, so a claim is opened. Your attorney may be able to negotiate a fair settlement of your claim before you need to file a lawsuit. If your lawyer advises you to sue, you can use it as leverage. All but a handful of personal injury cases are settled before they reach a jury.
Do I need to hire a personal injury attorney?
Insurance companies have attorneys, so you should as well. An experienced lawyer, like Ronald E. Stutzman, Jr., will not only yield better results for you but will show the insurance company that you won’t just accept what it offers.
Your lawyer will investigate the accident, gather documents and other evidence, place a just value on your claim, negotiate with the insurance company, and if necessary, present your case to a judge and jury.
Providing Attentive Legal Counsel After an Injury
Pursuing a personal injury claim is a major event for you. Ronald E. Stutzman, Jr. will go to bat for you. Prevailing in personal injury claims is why he represents clients like you every single day.
Do you have more questions about personal injury claims? Then call The Stutzman Law Firm, PLLC in Flowood, Mississippi today. Case consultations are free, so call now.