A serious car accident can leave victims dealing with painful injuries, medical bills, lost wages, and emotional distress. If another driver’s negligence caused your accident, you have the legal right to seek compensation for your losses. However, the process of filing a car accident lawsuit in Mississippi can be complex, especially when insurance companies try to minimize your claim.
At Barrett Law, PLLC, we fight for injured victims and their families throughout Mississippi. Jonathan Barrett, a seasoned Mississippi Car Accident Lawyer, has decades of experience helping clients recover maximum compensation for their injuries. If you or a loved one have been involved in a car accident, this step-by-step guide will explain how to file a lawsuit, protect your rights, and secure the compensation you deserve.
Step 1: Seek Medical Attention Immediately
After a car accident, your health and safety should be your top priority. Even if you feel fine, some injuries—like whiplash, concussions, and internal bleeding—may not appear right away. Delaying medical treatment can harm both your health and your legal claim.
Why Medical Treatment is Important for Your Case:
- Creates medical records proving your injuries were caused by the accident.
- Strengthens your insurance claim and lawsuit.
- Helps calculate future medical expenses if your injuries require long-term care.
If you do not seek medical treatment immediately, insurance companies may argue that your injuries were not serious or were caused by something else.
Step 2: Gather Evidence from the Accident Scene
Evidence is critical when proving fault in a Mississippi car accident case. If you are physically able, collect the following at the accident scene:
- Photos and Videos – Take pictures of vehicle damage, skid marks, road conditions, and visible injuries.
- Witness Statements – If there are bystanders or passengers, get their names and contact information.
- Police Report – Mississippi law requires accidents involving injuries or damages over $500 to be reported. Request a copy of the accident report from the responding law enforcement agency.
- Driver Information – Exchange contact and insurance details with the other driver.
This evidence will help prove liability when filing a lawsuit.
Step 3: Report the Accident to Your Insurance Company
Under Mississippi law, drivers must notify their insurance company after an accident. However, be cautious when speaking with insurance adjusters. They may:
- Try to get you to admit partial fault for the accident.
- Offer a low settlement that does not cover all damages.
- Request a recorded statement that could be used against you.
Before accepting any offer, consult with an attorney to ensure you receive the compensation you deserve.
Step 4: Determine If You Have a Valid Car Accident Lawsuit
A lawsuit may be necessary if:
- The at-fault driver’s insurance refuses to pay or offers too little.
- You suffered serious injuries requiring long-term medical treatment.
- You experienced lost wages due to the accident.
- The other driver was reckless, intoxicated, or distracted.
Mississippi follows a comparative negligence system, meaning you can still recover damages even if you were partially at fault—but your compensation will be reduced by your percentage of fault.
Step 5: File a Car Accident Lawsuit in Mississippi
1. Hire a Mississippi Car Accident Lawyer
An experienced car accident attorney will handle all legal aspects of your claim, including negotiations with insurance companies and filing a lawsuit if necessary.
2. File a Complaint in Civil Court
Your attorney will file a formal complaint, outlining:
- The facts of the accident
- The damages you are seeking
- The legal basis for your claim
The defendant (at-fault party) must be served with the lawsuit and given time to respond.
3. Discovery Phase
Both sides will exchange evidence, witness statements, and expert testimonies.
4. Settlement Negotiations or Trial
Most car accident lawsuits settle out of court, but if the insurance company refuses to pay a fair amount, your attorney will take the case to trial.
Mississippi Laws That Impact Car Accident Lawsuits
Statute of Limitations
Mississippi law gives you three years from the accident date to file a personal injury lawsuit (Miss. Code Ann. § 15-1-49).
Comparative Negligence Rule
Under Mississippi’s comparative negligence law, you can still recover damages even if you were partially at fault (Miss. Code Ann. § 11-7-15).
Mississippi Insurance Requirements
Mississippi drivers must carry at least:
- $25,000 per person for bodily injury
- $50,000 per accident for bodily injury
- $25,000 for property damage
If the at-fault driver does not have insurance, you may need to file a claim under your uninsured/underinsured motorist policy.
Frequently Asked Questions About Filing a Car Accident Lawsuit in Mississippi
How much is my car accident case worth?
The value of a case depends on medical expenses, lost wages, pain and suffering, and property damage. A lawyer can estimate the true value of your claim.
Can I sue if I was partially at fault?
Yes. Under Mississippi’s comparative fault rule, your compensation will be reduced by your percentage of fault.
What if the at-fault driver was uninsured?
You can file a claim under your uninsured motorist coverage or sue the at-fault driver directly.
How long does a car accident lawsuit take?
Cases can take anywhere from a few months to over a year, depending on the severity of injuries and whether the insurance company agrees to settle.
What damages can I recover?
Victims may recover:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Punitive damages (if the driver was reckless or intoxicated)
Do I need a lawyer to file a claim?
While you are not legally required to have a lawyer, insurance companies will try to minimize your payout. Hiring an attorney increases your chances of receiving full compensation.
What if a loved one was killed in a car accident?
Families can file a wrongful death lawsuit to recover funeral costs, lost financial support, and emotional damages.
What if the insurance company offers a low settlement?
Never accept an initial offer without consulting an attorney. Insurance companies often try to settle for less than the case is worth.
Injured or Lost a Loved One in a Car Accident in Mississippi? Call Mississippi Car Accident Attorney Jonathan Barrett 24/7/365 at (601) 790-1505 for Your FREE Consultation
Car accidents can leave victims with serious injuries, medical bills, and financial stress. If you were involved in a crash caused by someone else’s negligence, Barrett Law, PLLC is ready to fight for you.
We represent car accident victims across Mississippi, including Jackson, Gulfport, Southaven, Hattiesburg, Biloxi, Olive Branch, Tupelo, Meridian, Pearl, Madison, Greenville, Oxford, Clinton, Horn Lake, and Brandon.
📞 Call (601) 790-1505 today for a FREE consultation—available 24/7/365. Let us handle the legal battle while you focus on recovery.