This is the second installment of our two-part blog highlighting common missteps made by injury victims following a car accident. If you have specific questions, we invite you to contact Barrett Law to learn about your rights.
Mistake No. 4 Signing a Release Immediately Following an Accident: There are certain types of accidents where the question of liability is reasonably clear. When the prospect of prevailing on the issue of fault is not promising, insurers look for ways to mitigate the amount they pay in a settlement or judgment. A common approach is to make a settlement offer immediately following the accident for far less than the value of the claim. However, the insurance company also will expect you to sign a release waiving any and all claims, which includes those that you do not even know exist. No documents from the insurance company should be signed until they have been reviewed by an experienced Mississippi car accident lawyer, so you can learn about your rights and legal options.
Mistake No. 5 Consenting to Provide a Recorded Statement to the Insurance Company
Recorded statements are not designed to facilitate settlement of your claim although the adjuster for the other driver’s insurance company might tell you that this is the case. The purpose is to preserve a record of you saying things that undermine your claim. The answers you give to questions might be used to shift blame for the accident to you or to establish that your loss is not as substantial as you are claiming.
Mistake No. 6 Agreeing to Settle for Policy Limits
While it might seem reasonable to settle with the adjuster for policy limits, this offer will come with strings. The adjuster will insist that you sign a release that waives all claims. Policy limits can be extremely inadequate, especially if the other driver only carries the minimum coverage that is required under Mississippi law. It is important not to waive your rights without legal advice because you might have the right to recover more against an excess liability carrier, other defendants, or underinsured motorist coverage.
Mistake 7 Failing to Seek Out the Best Mississippi Personal Injury Attorney: Although some people attempt to handle their own personal injury claim, complex legal standards, evidentiary requirements, and procedural hurdles make the civil litigation system virtually impossible to navigate without an experienced lawyer. The cost of pursuing a claim can easily be tens of thousands of dollars or more, so most people cannot afford the war chest necessary to take on large insurance companies in court. The best approach is to work with an experienced personal injury attorney with a track record of obtaining large judgements and/or settlements in similar types of cases.
Mistake 8 Ignoring the Possibility of Punitive Damages: When a court awards punitive damages, this compensation can be the largest portion of your recovery. Car accident claims need to be sufficiently investigated to determine if punitive damages are appropriate. Examples of situations where punitive damages might be awarded include accidents caused by an alcohol impaired driver, or a vehicle manufacturer that covers up evidence that its vehicle is unsafe.
If you have been injured in a motor vehicle collision or the surrounding areas, our Mississippi Personal Injury Lawyers have successfully represented many car crash victims in obtaining compensation for their injuries. At Barrett Law, we are here to help. Contact our firm today at 800-707-9577 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.