What the Jury Doesn’t Hear: The Silent Role of Insurance in Personal Injury Trials
July 14, 2025
At The Stutzman Law Firm, we believe that a well-informed public is essential to a fair justice system. One aspect of personal injury law that surprises many people is this: in almost every injury case that goes to trial, there’s insurance involved—but the jury is never told that.
That’s not a mistake or oversight. It’s the law.
In Mississippi (and most other states), the rules of evidence prohibit attorneys from mentioning insurance coverage to the jury. Even if it’s crystal clear that an insurance company is the one paying for the defendant’s lawyer and would ultimately pay the verdict, we are not allowed to say a word about it during trial.
Why does that matter? Because jurors often assume that any money awarded in a verdict comes directly out of the defendant’s pocket. And when the defendant is an individual—maybe someone who seems sympathetic or appears to have limited resources—that can influence how jurors think about awarding damages, even when the law says otherwise.
The truth is, in the vast majority of personal injury trials, an insurance company is behind the scenes controlling the defense and managing the financial exposure. But the jury never hears that part of the story.
It’s a strange rule, and it can have a real impact on justice. But it’s the current state of the law—and it’s one more reason why having a strong, experienced advocate on your side matters.
If you’ve been injured in an accident and have questions about your legal rights, give us a call. We’re here to help you understand the process and fight for the compensation you deserve.
Call us today at (769) 208-5683 for a free consultation.
Why You Should Think Twice Before Signing That Insurance Authorization At some point, most people dealing with a health, disability, or accident-related insurance claim are asked to sign a medical records authorization. It’s usually presented as routine—something the insurer needs to evaluate the claim. But if you take the time to actually read what you’re being asked to sign, you may find that it goes well beyond authorizing the release of medical records. Many of these so-called "routine" authorizations give the insurance company permission to access much more than just your medical history. Some include: Your consumer credit report Your financial records Files from government agencies Even records from “any other person” In some cases, they may even attempt to waive attorney-client privilege And let’s not overlook the Medical Information Bureau (MIB)—a little-known clearinghouse of medical and insurance data. These authorizations often give the insurer permission to pull and share your data with MIB and other insurers, which could impact future applications for coverage. Can They Really Do That? Under federal law—specifically, the Fair Credit Reporting Act (FCRA)—an insurance company cannot obtain a credit report for the purpose of evaluating a claim. They can request one for underwriting when issuing a policy, but not after the fact when a claim has been filed. Courts and federal regulators have made that clear. For example, in Padilla v. UNUM Provident, the court referenced guidance from the Federal Trade Commission stating that insurers may not rely on the “underwriting” exception to justify pulling a credit report during claim review. That matches the rulings in cases like LeBlanc v. Allstate and St. Paul Guardian v. Johnson. So how do insurers get around this? Simple. They ask you to sign an authorization. Once you give written consent, your protections under the FCRA are gone. That signature turns an otherwise impermissible act into a “permissible use.” What Happens If You Refuse to Sign? Some people worry that refusing to sign a broad authorization will result in their claim being denied. And sure, an insurance company can try to use that as a reason to delay or push back. But there’s a strong counterargument. If the claimant signs a narrowed authorization—one that excludes irrelevant or invasive categories of information—and shows a willingness to cooperate by offering to discuss what is needed and why, it’s tough for the insurer to justify denial based on non-cooperation. There’s also the matter of credit score. Frequent inquiries on a credit report can lower a person’s score. So not only are insurers overreaching—they may be actively harming your financial reputation in the process. Bottom Line These overbroad authorizations are not about gathering medical records. They’re about mining for reasons to deny the claim, and in the process, invading the claimant’s privacy far beyond what’s necessary or lawful. If you’re a lawyer, take a few extra minutes to review any authorization your client is being asked to sign. If you’re handling your own claim, don’t assume that the form you’ve been given is fair or routine. Protect your rights. Ask questions. And don’t be afraid to push back. Call us today at (769) 208-5683 for a free consultation.
Motorcycle Safety in Mississippi: Common Myths, Hard Truths, and How to Keep Everyone Safer As the temperature rises across Mississippi, more and more motorcycles are hitting the road. At Stutzman Law Firm, we’ve seen firsthand how devastating motorcycle accidents can be—and often, they’re avoidable. This week, we’re taking a closer look at some of the common myths (and realities) around motorcycle safety to help drivers and riders stay safer. 1. Grass Clippings in the Road: A Real Hazard Yes, it’s true—grass clippings blown into the road create a slick surface that can cause a motorcycle to lose traction and crash. It might seem harmless, but it’s dangerous, especially in turns or on curves. If you mow your yard, please keep the clippings on your lawn, not in the street. A little care can prevent a serious injury. 2. “Loud Pipes Save Lives”: A Popular Myth The idea is that a loud motorcycle is more noticeable and therefore less likely to be hit. But most of the sound projects backward, not forward—where most threats are coming from. There’s no clear evidence that noise alone prevents accidents. While custom exhaust systems are a personal choice, they’re no substitute for visibility, safe riding, and attentive driving. 3. Helmets Don’t Cause Injuries—They Prevent Them Some folks still believe helmets can cause neck injuries. This myth has been thoroughly debunked. In fact, the data shows helmets drastically reduce the risk of death and serious injury. Mississippi law requires all riders to wear a helmet, and it’s for good reason. Helmets save lives. 4. The Left-Turn Danger Zone More motorcycle wrecks happen when a car turns left in front of a motorcycle than in any other scenario. Drivers often misjudge the speed of an oncoming bike or simply fail to see it. If you’re turning left, double-check your blind spots and wait until it’s completely safe. That extra second could save someone’s life. 5. Lane Splitting Isn’t Legal in Mississippi It might be common in California, but in Mississippi, lane splitting—riding between lanes of traffic—is illegal. Even when traffic is stopped, bikers must stay in their lane. At the same time, drivers should avoid drifting across lane lines or opening doors into traffic without looking. Conclusion Whether you're a motorcyclist or a driver, a little awareness goes a long way. Let’s all commit to safer roads this season. Be mindful of grass clippings, stay alert at intersections, and give motorcycles the space and respect they deserve. If you or a loved one has been hurt in a motorcycle accident, Stutzman Law Firm is here to help. Call us today at (769) 208-5683 for a free consultation.
Most people think of uninsured motorist (UM) coverage as something that only applies when they’re behind the wheel. After all, it’s part of your auto insurance policy — so it must only kick in if you're in your car, right? Not exactly. Here in Mississippi, your UM coverage can protect you — not just your vehicle. That means even if you’re walking, jogging, or biking, and you’re hit by a negligent driver who doesn’t have insurance (or doesn’t have enough), your UM policy may step in to help cover your injuries. How It Works Uninsured motorist coverage is designed to help when the at-fault driver either: Has no insurance , or Has liability limits that don’t fully cover your damages (in that case, underinsured motorist coverage — UIM — may apply). But what many don’t realize is that this protection follows the person, not just the car. That means if you’re struck as a pedestrian, you may still be entitled to UM benefits through: Your own auto policy, or A household member’s policy, if you live with them and they carry UM coverage. A Real-World Example Imagine this: You're walking your dog in your neighborhood when a distracted driver runs a stop sign and hits you. The driver has no insurance. You’re rushed to the ER, and the medical bills quickly start piling up. Without UM coverage, you’d be left paying those bills out of pocket. But with UM coverage in place, your policy could cover: Medical bills Lost wages Pain and suffering Long-term disability, if applicable Why This Matters With the number of uninsured drivers on Mississippi roads, carrying UM/UIM coverage isn’t optional — it’s essential. And knowing that this coverage can protect you even outside your vehicle makes it even more valuable. What Should You Do If You’re Hit? If you’re injured in a pedestrian accident and the driver is uninsured or underinsured, don’t assume you’re out of options. Your own policy may be the key to recovering what you need. At The Stutzman Law Firm, we’ve helped clients in situations just like this. We’ll walk you through your coverage, deal with the insurance company, and fight for the full compensation you deserve. Call us today at (769) 208-5683 for a free consultation.
With summer in full swing across Mississippi, school buses are parked, backpacks are on the shelf, and children are back outside—riding bikes, walking dogs, playing tag, and chasing down the ice cream truck. And while summer may bring a sense of freedom and fun, it also brings a very real increase in risk —especially when it comes to neighborhood traffic safety. At The Stutzman Law Firm, we’ve seen firsthand the devastating consequences of distracted or careless driving. As personal injury attorneys based in Jackson, Mississippi, we’re here to protect your rights—but we’d much rather help prevent tragedy in the first place. Why Summer Streets Are More Dangerous Without school in session, more children are home during the day. That means: More kids playing outside, often near driveways and roads. Increased pedestrian and bicycle traffic, especially in residential areas. Unsupervised or unpredictable behavior, especially among younger children Many of these children may not fully understand the dangers of cars or the rules of the road. The responsibility to keep them safe lies with the adults behind the wheel. A Moment of Distraction Can Change Everything Texting. Changing a playlist. Reaching for a dropped item. These everyday distractions may seem harmless—but they can turn deadly in seconds. According to the CDC , distracted driving kills over 3,000 people in the U.S. each year. During summer, that number rises—especially among vulnerable road users like children. Safety Tips for Summer Driving To keep our streets—and our kids—safe this summer, follow these essential safety reminders: Slow down in neighborhoods and school zones—even if school’s out. Stay alert at all times, especially near parks and playgrounds. Put the phone away. Texts and calls can wait. Expect the unexpected. Children may dart into the street without warning. Avoid backing out blindly. Always check your rearview and surroundings before reversing out of a driveway If the Unthinkable Happens, We’re Here to Help No parent should have to face the trauma of a child being injured—or worse—because of someone else’s negligence. And if your family is affected by a careless driver, you don’t have to go through it alone. The Stutzman Law Firm is here to help families seek justice and accountability. Our mission is simple: protect the people of Mississippi, hold wrongdoers accountable, and make our communities safer—one case at a time. Drive safe. Drive smart. And drive like your kids live here. Call us today at (769) 208-5683 for a free consultation.
As steady rain moves through the Jackson metro area this week, drivers across Central Mississippi are facing slick roads, poor visibility, and a higher risk of traffic accidents. At The Stutzman Law Firm, we see firsthand how dangerous wet weather can be — and we want to help you avoid becoming a statistic. Whether you're headed to work, school, or the store, a little extra caution can make all the difference. Here are a few essential safety tips to help protect yourself and others while driving in the rain: 1. Slow Down Speed limits are set for ideal conditions — not for rain-slick roads. When it’s wet, your tires have less traction, and your stopping distance increases. Take your time and drive slower than usual, especially on curves and bridges where roads tend to be most slippery. 2. Turn On Your Headlights Mississippi law requires drivers to use headlights when windshield wipers are in use. Not only is this a legal requirement, but it’s a smart move — it helps you see more clearly and helps others see you. 3. Watch Out for Hydroplaning Hydroplaning happens when water causes your tires to lose contact with the road. If it happens, don’t panic. Ease off the gas, steer gently in the direction you want to go, and avoid slamming on the brakes. 4. Leave Extra Space Increase your following distance to give yourself more time to react. A good rule of thumb in dry weather is three seconds behind the car in front of you. In the rain? Double that. You’ll be glad you did. 5. Turn Off Cruise Control While cruise control is convenient, it can be dangerous in wet conditions. It may delay your ability to react to skids or hydroplaning, making it harder to regain control. What If You're Involved in a Rain-Related Crash? Even when you're doing everything right, accidents can still happen. If you’re injured in a wreck during bad weather, you may be wondering if the other driver can still be held responsible. The answer is yes — drivers are expected to operate their vehicles safely for the conditions, including slowing down and staying alert in the rain. That’s where we come in. At The Stutzman Law Firm, we help injured Mississippians protect their rights and recover what they’re owed after a wreck — rain or shine. Stay safe on the roads, Mississippi. The rain may be falling — but your rights should never slip through the cracks. Call us today at (769) 208-5683 for a free consultation.
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.