Car Accident Lawyers in Mississippi

The value of a car accident claim is not always apparent in the weeks after a crash. Insurance companies may move quickly to put an offer in front of you, but an early settlement may not account for the treatment, lost income, or other expenses that can develop over time. A properly evaluated claim considers not only what the accident has already cost you, but what it is likely to cost you in the future.

Depending on the facts of your crash, compensation may include:

• Past and future medical expenses
• Vehicle repair or replacement costs
• Lost income and reduced earning capacity
• Pain and physical suffering
• Emotional distress
• Permanent disability or disfigurement
• Loss of enjoyment of life
• A spouse’s loss of consortium
• Wrongful death damages

Mississippi generally limits noneconomic damages to $1 million in civil actions under Miss. Code Ann. § 11-1-60, including car accident cases. Economic damages, such as medical expenses and lost income, are not subject to that cap. Punitive damages may also be available under Miss. Code Ann. § 11-1-65 when clear and convincing evidence establishes actual malice, qualifying gross negligence, or actual fraud, subject to statutory limits in many cases.

Insurance coverage can make just as much difference as the value of the injuries themselves. Mississippi requires minimum liability coverage of $25,000 per person, $50,000 per accident for bodily injury, and $25,000 for property damage. Automobile policies generally include uninsured motorist coverage unless the insured rejects it in writing, making your own UM/UIM policy potentially important when the at-fault driver has little or no insurance.

Government vehicles create another layer of restrictions. Claims against government entities can fall under the Mississippi Tort Claims Act, which has special notice requirements, a shorter limitations period, a $500,000 liability cap, and no right to a jury trial. Those rules can substantially affect how and when a claim must be pursued.

Mississippi generally gives you three years from the date of the crash to file a car accident lawsuit under Miss. Code Ann. § 15-1-49. A wrongful death claim arising from a fatal crash generally follows the limitations period applicable to the underlying negligence claim.

One major exception applies to government-vehicle claims. Under the Mississippi Tort Claims Act, you generally must provide written notice at least 90 days before filing suit and bring the action within one year of the accident, with a properly filed notice tolling the limitations period for 95 days.

Acting quickly also matters for another reason: important evidence can disappear long before a lawsuit is filed. Traffic and surveillance footage may be overwritten, vehicle data can become harder to recover, and physical evidence may be altered or lost. Contacting Caldwell Wenzel and Asthana Personal Injury Lawyers early gives us the opportunity to preserve and investigate the evidence while it is still available.

By the time you’ve finished filing a police report, the insurance company already has an adjuster working your case. You deserve someone building your side of it just as fast. Contact Caldwell Wenzel and Asthana Personal Injury Lawyers today, and let a car accident lawyer in Mississippi start preparing your case for trial from the very first call.