Mississippi Car Accident Lawyer

Mississippi Car Accident Lawyers Serving Greenville, Greater Mississippi, and Arkansas

Car accidents are one of the most common causes of accidental injury and death in the United States.

The chances of you getting in a car accident at least once in your life are high.

Despite how common car accidents may be, no one can prepare for the fallout and damages that may come after.

If a crash has caused you suffering and serious losses, one of our experienced Mississippi car accident attorneys can help.

The Harris Law Firm will represent you and your interests.

We will assist you in recovering the compensation that you need and deserve.

Mississippi Car Accident Statistics

Car accidents are a significant cause of injury and death across the United States, and Mississippi is no exception. Here are a few key statistics on car accidents in Mississippi:

• Fatality rate. Mississippi has one of the highest car accident fatality rates in the U.S., with 22.2 deaths per 100,000 people. This number is well above the national average of 12.4 per 100,000 people.
• Seatbelt use. In 2020, 85.1% of Mississippi adults reported always using a seatbelt, a number that is up from 80.0% in 2012. However, we must also compare this to the national average of 90% and continue to stress the importance of using this safety device to our citizens.
• Rural roads. Approximately 61% of fatal car crashes in Mississippi occur on rural roads, where drivers are more likely to encounter hazardous conditions and higher-speed accidents.

These statistics highlight the importance of driving carefully, wearing seatbelts, and staying alert, especially in rural areas with more severe accidents.

Navigating Your Claim

Determining Cause and Liability for Your Car Accident

Our lawyers’ top priority will be to determine the cause of your car accident. Liability depends on fault, and it can sometimes be difficult to identify the responsible party or parties.

We will investigate your accident and understand how and why it happened.

We will identify the responsible parties and hold them liable.

Some of the most common causes of car accidents include:

Driver error and negligence. Driver negligence is a very broad term. A variety of actions may fall under negligence. Typically, they are irresponsible or outside of what most consider reasonable. Texting while driving, distracted driving, speeding, or failure to yield are all acts of negligence.

Poor road conditions. Poor road conditions do not cause as many accidents as negligent drivers. But it does happen. Potholes, lack of signage, broken roads, lack of guardrails, poor weather conditions, and debris in the road may all increase the risk of an accident occurring.

Vehicle malfunction. Perhaps the least common is vehicle malfunction, where an accident would not have occurred but for a vehicle defect. This might include issues with steering, ignition switches, tires, brakes, and more.

Understanding the Most Frequent Injuries in Car Crashes

Car accidents often result in various injuries, including those that may have long-term or permanent effects on your health and quality of life. The crash’s nature, speed, and seatbelt use determine the severity of your injuries. Let’s look at some of the common injuries that result from crashes.

• Whiplash and soft tissue injuries. Whiplash, a common neck injury, is caused by the sudden back-and-forth movement of the head in a collision. Soft tissue injuries also include strains, sprains, and bruising.
• Head and brain injuries. Concussions, traumatic brain injuries (TBIs), and skull fractures can occur, even in lower-speed crashes. These injuries often have lasting impacts, including cognitive issues, memory loss, and personality changes.
• Back and spinal cord injuries. Spinal injuries can vary from mild back pain to severe conditions like herniated discs or paralysis. Such injuries can greatly affect mobility and your overall quality of life.
• Broken bones and fractures. The force of a vehicle accident can lead to fractures of any bodily bone, but such fractures are most common in the arms, legs, ribs, and collarbone. Recovering from broken bones can take weeks to months and, in some cases, may even require surgery.
• Internal injuries. Blunt force trauma from a car accident can cause damage to internal organs, such as the liver, kidneys, or lungs. Internal bleeding may not be immediately noticeable, making these injuries especially dangerous.

If you’ve experienced any of these injuries, getting immediate medical care is critical, even if you don’t feel immediate pain. Many injuries, especially TBIs and internal trauma, can worsen if not treated promptly.

Fault versus No-Fault States

All states provide statutes for regulating automobile and motor vehicle liability insurance. 

A minority of state insurance laws provide no-fault provisions. In no-fault states, insurance companies pay for damages regardless of which party was at fault in causing the accident.   

Most states follow a fault-based system of liability for vehicle accidents. Fault-based states determine liability according to each party’s degree of fault.This means that drivers are responsible for paying for the accidents they cause.

Mississippi and Arkansas are both fault-based states. 

Fault in Mississippi 

Mississippi is a fault-based state that maintains a pure comparative negligence compensation system. 

First, comparative negligence systems assign each party a degree of fault. Then, damages are awarded in proportion to each party’s responsibility for the accident. 

Under a pure comparative negligence system, a person may bring a claim for injuries resulting from a car accident and will recover damages even if mostly responsible for that accident. 

Fault can be a partial defense that will reduce the damages awarded under the claim. This is because pure comparative negligence rules allow some damages award regardless of fault, but the amount of the award will be reduced based on the person’s responsibility for the accident. 

This means that you could recover an award for injuries from a car accident even if you were 75% responsible for example. If damages total $100,000, however, the damages will be reduced by that 75%, for a total award of $25,000.

Fault in Arkansas

Arkansas car insurance laws follow a fault-based system of liability for automobile accidents, and incorporate the state’s modified comparative negligence system of compensation. 

Like Mississippi, Arkansas assigns each party a degree of fault and awards damages in proportion to each party’s responsibility for the accident. 

Arkansas’s modified comparative negligence system is more strict, however, and fault may be a complete or partial defense to a claim for damages. The fault defense can work in cases where liability is unclear or in dispute. 

In Arkansas, to recover damages from an accident, you must show that the other party was more at fault than you.

Modified comparative negligence rules prevent a person who was more at fault from receiving damages. That is, if you bring a claim for injuries suffered in an accident but you were 51% responsible for that accident, you will not recover any amount. This is true regardless of the seriousness of the injuries or the costs incurred. 

If the person bringing the claim is less at fault than the other person, the injured party can recover a damages award. The amount of the damages award, however, will be reduced by the injured party’s degree of fault. 

For example, an injured party that was 20% at fault can recover only $80,000 of a total $100,000 claim. The injured party’s damages totaling $100,000 are reduced by $20,000, which is 20% of that party’s responsibility for the accident.

Recovering Damages

You Deserve to Be Fully Compensated for Your Losses

It’s common for accidents to cause only a few hundred dollars in damages. The claims process isn’t always complicated, especially in a car accident in which fault is clear and undisputed.

Simply file a claim with the at-fault party’s insurance. They will usually offer a settlement for your damages without issue.

However, this is not always the case. Things become complicated when damages are significant.

In some cases, damages could exceed hundreds of thousands of dollars. If one party contests fault, or it is unclear, this can also complicate things.

Other times, the insurance company may simply reject your claim. This does not mean that your claim is over, though.

Working with an attorney can be a valuable tool when this happens. They can help you get the full compensation you deserve. Your attorney will:

• Investigate your accident: They will obtain police reports, interview witnesses, assess damage, take photos, and more;
• Hire experts who can build your case You may need forensic experts and accident reconstruction experts;
• Work with professionals who can evaluate your case and determine the value of your damages;
• File your claim within the proper time frame and in the correct fashion;
• Negotiate with an insurance adjuster to improve your chances of recovering your full compensation amount; and
• File a lawsuit and bring your case to court when parties cannot reach a settlement agreement.

Our car accident lawyers in Mississippi work hard so you recover the full value of damages. We will include your economic and non-economic losses. This can include pain and suffering, emotional distress, lost wages, medical expenses, disfigurement, disability, and other damages.

Filing a Claim within the Statute of Limitations

Time Limits for Seeking Damages

If you are in a car accident in Mississippi, we encourage you to start the claims process immediately. Mississippi law requires you to file a written accident report with the police within 10 days if there were injuries or if property damages exceed $500.

If you don’t do this, you could face legal consequences.

What’s more, insurance companies also set timelines for filing a claim after an accident.

If you decide to file a lawsuit after your crash, there is a limited time frame for doing this. You must file a car accident lawsuit within three years of the accident. That time period can be shorter if the crash involves a government-owned vehicle.

If you wait longer than three years to bring your injury claim, you can be barred from seeking damages.

Length of Time to Resolve a Mississippi Car Accident Case

The time it takes to settle a car accident claim varies depending on the case’s complexity and how reasonable the opposition is. Claims with clear liability and minor injuries might settle in a few months. However, if the case involves serious injuries, disputed liability, or significant financial damages, it can take longer, especially if the parties insist on taking it to trial. Cases have been known to extend beyond a year due to such complexities.

Steps to Maximize Your Compensation After a Car Accident in Mississippi

Knowing what to do after a car accident can significantly impact your ability to recover the compensation you deserve. Let’s discuss some essential steps to take.

Prioritize Safety and Seek Medical Attention

Immediately after the accident, check for injuries and seek medical care. You might not notice injuries like whiplash or external bleeding right away. Obtain medical documentation to safeguard your health and future claims.

Contact the Authorities and File a Police Report

In Mississippi, you must file a police report if injuries or property damages exceed $500. A police report provides an official incident record, which insurance companies and attorneys will rely on when determining fault and damages.

Gather Evidence at the Scene

Collect as much information as possible from the accident scene if it is safe. Take photos of the vehicles, road conditions, and any visible injuries. Exchange contact information with the other driver, including insurance details. Eyewitness accounts can also be valuable, so try to get the names and phone numbers of any witnesses.

Avoid Admitting Fault

Be careful with what you say, as admitting fault—even casually—can reduce your compensation. 

Notify Your Insurance Company

Contact your insurance provider to report the accident as soon as possible. However, be cautious about giving detailed statements before consulting with a lawyer, as insurance adjusters may attempt to minimize your claim or shift blame.

Keep Detailed Records of Your Losses

Document all your expenses for the accident, including medical bills, vehicle repairs, lost wages, and any other financial losses. Keeping thorough records will help ensure that you include all damages in your claim.

Be Cautious with Settlement Offers

Insurance companies may offer quick settlements to resolve your case, but these initial offers are often lower than you may be entitled to. Before accepting any offer, consult an attorney to ensure the settlement fully compensates you for current and future losses.

How Can An Accident Lawyer Help With Your Claim?

There are many situations that may prove complicated when pursuing a car accident claim. 

For example, what do you do if the other driver–who was at fault for the accident–doesn’t have insurance? What will your options be if you contributed to your accident in part, but the other driver was mostly at fault for the accident?

Or, how do you proceed with filing your claim if you have not yet healed from your injuries? 

You may still have future surgeries scheduled. Therefore, you do not know the full extent of the damages you have suffered.

Working with an attorney can be a valuable tool when this happens. An attorney can help you get the full compensation you deserve.

How Our Mississippi Car Accident Attorneys – Will Help You With Your Claim.

Our Mississippi car accident attorneys have been practicing law for more than 35 years. This means we have a lot of experience handling the unique issues listed above, as well as others. If you are facing questions about your economic future and how to maximize your compensation amount, our team is confident in our ability to effectively represent you.

Your attorney will:

• Investigate your accident: They will obtain police reports, interview witnesses, assess damage, take photos, and more;
• Hire experts who can build your case: You may need forensic experts and accident reconstruction experts;
• Work with professionals who can evaluate your case and determine the value of your damages;
• File your claim within the proper time frame and in the correct fashion;
• Negotiate with an insurance adjuster to improve your chances of recovering your full compensation amount; and
• File a lawsuit and bring your case to court when parties cannot reach a settlement agreement.

Our lawyers’ top priority will be to determine the cause of your car accident. 

Liability depends on fault, and it can sometimes be difficult to identify the responsible party or parties.

We will investigate your accident and understand how and why it happened.

We will identify the responsible parties and hold them liable.

Our Mississippi car accident lawyers work hard so you recover the full value of damages. 

We will include your economic and non-economic losses. These losses can include pain and suffering, emotional distress, lost wages, medical expenses, disfigurement, disability, and other damages.

Contact Our MS Car Accident Lawyers Today

When you need us, we are here for you. Following a crash, the easiest way to learn more about our process and how we can assist you is to schedule a free consultation with our knowledgeable car accident lawyers in Mississippi.

You can schedule your consultation by calling us directly toll-free at 662-262-6336, or by sending us a message online that briefly describes your case.

Contact Our MS Car Accident Lawyers Today

When you need us, we are here for you. Following a crash, the easiest way to learn more about our process and how we can assist you is to schedule a free consultation with our knowledgeable car accident lawyers in Mississippi.

You can schedule your consultation by calling us directly toll-free at 662-262-6336, or by sending us a message online that briefly describes your case.

Resources: 

• Miss. Code § 63-3-411,  link
• Mississippi Insurance Department. Auto Accident Checklist, link
• Autoinsurance.com. What to Do After a Hit-And-Run in Mississippi (2024), link
• Mississippi Farm Bureau Insurance. Auto Accident Checklist, link