Suffering an injury from a car accident is not uncommon. There are nearly six million car accidents in the United States on average every year. Additionally, three million of those in car accidents report being injured every year.
Pursuing recovery against resourceful insurance companies and law firms could be difficult without legal knowledge and experience. There are many deadlines, filing requirements, and complicated legal concepts to stay on top of when negotiating with insurance companies or taking your case to court. A Gautier car accident lawyer could provide advice and counsel for your legal situation. A seasoned personal injury attorney could evaluate your case and help you discern your recovery options.
Mississippi Code §63-3-411 requires drivers to report an accident to the authorities if it resulted in injury or death to any person or resulted in property damages that exceed $500. Mississippi follows a fault-based system regarding auto insurance. Under a fault system, parties injured in a car crash in Gautier have multiple options for recovery. An injured party may file an insurance claim with their own insurance company to recover damages or with the at-fault driver’s insurance. And if necessary, they could file a personal injury lawsuit.
Typically, a demand letter could be sent to the at-fault driver’s insurance company, which sets out the damages an injured party has incurred as a result of the accident. Demand letters describe the events that caused the injury, dates, and the amount being demanded. Attorneys often help draft demand letters on behalf of injured claimants.
An insurance adjuster receives the demand letter and usually negotiates with the injured party to determine whether a settlement is proper, and if so, for what amount. If no settlement is reached, an injured party may file a personal injury lawsuit to recover damages. A period known as discovery takes place first, where both sides engage in research and motion practice. If the case makes it passed discovery and there is still no settlement reached, the case goes to trial.
Mississippi Code §11-7-15 adopts the pure comparative fault rule when determining how much a plaintiff is entitled to receive if they were also at fault for causing the car accident. Unlike the pure contributory fault rule, or the modified comparative fault rules, which completely bar recovery if a plaintiff contributes a certain amount of fault, the pure comparative fault rule allows an injured party to recover even if they are 99 percent at fault.
However, the claimant’s overall damages will be reduced by their percentage of fault. For example, if a car crash victim in Gautier is ten percent at fault for causing the accident, their damages would be reduced by the same amount.
It could be challenging to handle all of your recovery efforts on your own. You might be juggling the hardship of an injury while taking care of your personal life and career at the same time. Fighting for relief against insurance companies or opposing lawyers might not be practicable by yourself.
A Gautier car accident lawyer could help you fight for your right to recovery. They could help do the heavy lifting while you focus on your recovery from the accident. You could rest a bit easier knowing that a professional is working hard for your case. Begin your journey to recovery, call now, and schedule a consultation.