Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a licensed attorney in Mississippi for guidance specific to your situation.
Detailed Answer
Determining a fair settlement value for soft tissue injuries after a Mississippi motor vehicle accident involves adding economic damages to non-economic damages and adjusting for case factors. Here’s a step-by-step approach:
1. Calculate Economic Damages
- Medical Expenses: Sum all past and future reasonable medical bills related to the collision. Include doctor visits, imaging, physical therapy, and chiropractic care.
- Lost Wages: Document time away from work. Multiply days missed by your daily wage. If injury affects earning capacity, work with a vocational expert to project future lost income.
- Out-of-Pocket Costs: Include travel to medical appointments, medications, and assistive devices.
2. Assess Non-Economic Damages
Non-economic damages cover pain, suffering, emotional distress, loss of enjoyment of life, and inconvenience. Mississippi law caps many non-economic awards at $1 million per injured person. See Mississippi Code § 11-1-60 (non-economic damage cap): https://law.justia.com/codes/mississippi/2013/title-11/chapter-1/section-11-1-60/.
Multiplier Method
Apply a multiplier between 1.5 and 5 to your total economic damages based on injury severity:
- Minor soft tissue injury (full recovery in weeks): Multiplier 1.5–2
- Moderate injury (several months of treatment): Multiplier 2–3
- Severe injury (long-term treatment, lingering symptoms): Multiplier 3–5
Per Diem Method
Assign a daily rate (e.g., $100–$500 per day) for each day you experienced pain and suffering. Multiply that rate by the number of days from injury to full recovery.
3. Adjust for Liability and Comparative Fault
Mississippi follows pure comparative negligence under Mississippi Code § 11-7-15 (link). If you share fault, your total damages reduce by your percentage of responsibility.
4. Consider Insurance Policy Limits
Review the at-fault driver’s liability limits. Common Mississippi minimums are 25/50/25, meaning $25,000 per person bodily injury. You may need to negotiate within or above those limits if you have access to under-insured motorist coverage.
5. Compile a Demand Package
- Cover letter summarizing facts and liability.
- Medical records and bills.
- Proof of lost wages (pay stubs, employer letter).
- Expert opinions if future care or lasting disability applies.
- Demand figure with a breakdown of calculation.
Helpful Hints
- Keep detailed treatment records and a pain journal to support non-economic damages.
- Get multiple medical opinions if treatment plans differ widely.
- Consult a life care planner for complex or long-term injuries.
- Review all relevant insurance policies, including your own uninsured/under-insured motorist coverage.
- Factor in future medical inflation when estimating long-term care costs.
- Use clear, concise language in your demand letter and back it up with documentation.