A car accident can be life-changing, leaving victims with serious injuries, medical bills, and financial uncertainty. In the aftermath of a crash, it is critical to take the right steps to protect your health, legal rights, and potential injury claim. Failing to act quickly or making common mistakes could hurt your ability to receive full compensation.
At Barrett Law, PLLC, we help Mississippi car accident victims secure the compensation they deserve. Jonathan Barrett, a Mississippi car accident attorney, has decades of experience handling complex injury claims and fighting back against insurance companies that try to minimize payouts. If you or a loved one has been in a car accident, this guide will help you understand what to do next to protect your claim.
Immediate Steps to Take After a Car Accident in Mississippi
Taking the right steps at the scene of the accident can significantly impact your ability to recover compensation later. Here’s what you should do:
1. Call 911 and Report the Accident
Mississippi law requires drivers to report accidents that result in injuries, fatalities, or significant property damage. Calling 911 ensures that:
- Emergency medical services arrive to treat injuries.
- Law enforcement documents the accident in a police report, which serves as crucial evidence for your claim.
The police report will establish key facts, including who was at fault, witness statements, and details about the crash scene.
2. Seek Immediate Medical Attention
Even if you feel fine, you should see a doctor as soon as possible. Many injuries, such as whiplash, concussions, and internal bleeding, do not show immediate symptoms. If you wait too long to seek treatment, the insurance company may argue that your injuries are not serious or were caused by something else.
3. Gather Evidence at the Scene
If you are physically able, collect as much evidence as possible at the accident scene:
- Photos and Videos – Take pictures of vehicle damage, skid marks, traffic signals, road conditions, and visible injuries.
- Contact Information – Get the names, phone numbers, and insurance details of all drivers involved.
- Witness Statements – If anyone saw the accident, ask for their contact information and a statement.
4. Do Not Admit Fault
Even if you feel partially responsible, never admit fault at the scene. Mississippi follows a comparative negligence law, meaning your compensation may be reduced if you are found partially at fault. Let the police and your attorney determine liability.
5. Notify Your Insurance Company
Most insurance policies require drivers to report accidents promptly. However, be cautious with what you say. Stick to basic facts, and do not provide recorded statements or accept quick settlement offers without speaking to an attorney.
Who Is Affected by Car Accidents and Why It Matters
Car accidents can impact anyone, but certain groups are at higher risk of severe injuries and long-term financial burdens:
- Drivers and Passengers – Injuries such as broken bones, spinal damage, and traumatic brain injuries can cause long-term complications.
- Motorcyclists and Pedestrians – Lack of protection often leads to life-threatening injuries or fatalities.
- Families of Fatal Accident Victims – When a crash results in death, surviving family members may file a wrongful death lawsuit.
Regardless of the circumstances, Barrett Law, PLLC fights to ensure accident victims and their families recover maximum compensation.
Mississippi Car Accident Laws and Legal Obligations
Understanding Mississippi law is critical when pursuing an accident claim. Some key statutes that may impact your case include:
1. Mississippi’s Comparative Negligence Rule
Under Miss. Code Ann. § 11-7-15, Mississippi follows a pure comparative negligence system. This means:
- If you were partially at fault for the accident, your compensation is reduced by your percentage of fault.
- Example: If you are found 20% at fault, your total settlement is reduced by 20%.
2. Statute of Limitations for Filing a Lawsuit
- You have three years from the date of the accident to file a personal injury lawsuit (Miss. Code Ann. § 15-1-49).
- If the accident resulted in a wrongful death, families have three years from the date of death to file a claim.
- If you miss this deadline, you may lose your right to compensation.
3. Insurance Requirements in Mississippi
Mississippi requires all drivers to carry minimum liability insurance:
- $25,000 per person for bodily injury
- $50,000 per accident for bodily injury
- $25,000 for property damage
If the at-fault driver is uninsured, you may need to file a claim under your uninsured motorist (UM) coverage.
How a Mississippi Car Accident Lawyer Can Help Your Case
Filing an insurance claim may seem straightforward, but insurance companies will try to minimize or deny your claim. A car accident lawyer can:
- Investigate the Accident – Gathering evidence, accident reports, and expert testimony to build your case.
- Negotiate with Insurance Companies – Insurers often offer low settlements hoping you’ll accept. An attorney ensures you get a fair payout.
- Calculate Your Damages – Determining medical expenses, lost wages, pain and suffering, and future costs.
- Take Your Case to Court – If a fair settlement isn’t offered, an attorney will fight for your rights in court.
Barrett Law, PLLC aggressively represents accident victims, ensuring they receive every dollar they deserve.
Frequently Asked Questions About Mississippi Car Accidents
How much is my car accident case worth?
The value of your claim depends on factors like medical costs, lost wages, pain and suffering, and whether you were partially at fault.
What if the other driver is uninsured?
If the at-fault driver does not have insurance, you may still recover compensation through your uninsured motorist (UM) policy.
Should I accept the first settlement offer from the insurance company?
No. Insurance companies often make low offers to close claims quickly. Consult with an attorney before accepting any settlement.
Can I recover damages if I was partially at fault?
Yes. Under Mississippi’s comparative negligence law, you can still recover damages, but your compensation will be reduced based on your level of fault.
What if my injuries don’t show up right away?
Some injuries, like whiplash or internal bleeding, take time to appear. Seek medical attention immediately and follow up if symptoms develop later.
How long does it take to settle a car accident claim?
The timeline varies, but cases can take months or even years, especially if litigation is required.
What happens if the accident was caused by a defective car part?
If a brake failure, tire defect, or other mechanical issue caused the crash, you may have a product liability claimagainst the manufacturer.
How do I prove the other driver was at fault?
Police reports, witness testimony, video footage, accident reconstruction, and expert analysis can help establish liability.
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
If you or a loved one have been injured in a car accident, you need a lawyer who will fight for your rights. At Barrett Law, PLLC, we handle car accident cases 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. Let us fight for the justice and compensation you deserve.
