What to do if you want to contest an insurance company’s final offer after an injury

Short answer: If you disagree with the insurer’s final settlement offer after an injury, you can reject the offer and pursue additional steps: gather evidence of your damages, send a written demand, use alternative dispute resolution (mediation or appraisal) if available, file an insurance complaint with the Mississippi Insurance Department, or file a lawsuit before the state deadline. Each path has deadlines and formal steps — act quickly.

Detailed Answer — Step‑by‑step under Mississippi law

This section explains, in plain language, the typical process for contesting an insurer’s “final” offer in Mississippi. It assumes a common fact pattern: you were injured in an accident, the insurer evaluated liability and damages, and they sent a final settlement offer that you believe is too low.

1) Understand what the insurer’s “final offer” means

An insurer’s letter or communication that calls an amount a “final offer” usually means the company will not voluntarily pay more without new facts or legal action. The insurer can still change its mind if you present new evidence or file a suit. Do not sign a release accepting payment unless you fully accept the amount and consequences.

2) Check deadlines (statute of limitations)

Mississippi generally gives injured people three years from the date of injury to file a personal injury lawsuit. That time limit is set by Mississippi law, Miss. Code Ann. § 15‑1‑49. If you wait too long, the court will likely dismiss your case even if you have a valid claim. For that reason, rejecting a final offer should be followed quickly by next steps if you intend to sue.

See the statute: Miss. Code § 15‑1‑49 (three‑year statute of limitations).

3) Gather and organize new evidence

To justify more money, compile evidence that documents the extent of your injuries and related losses. Important items include:

• Medical records and itemized bills (emergency care, hospital, specialists, physical therapy)
• Doctor letters describing diagnosis, prognosis, and permanent limitations
• Pay stubs or employer records showing lost wages or reduced earning capacity
• Photographs of injuries, property damage, and the accident scene
• Witness statements and contact information
• Receipts for out‑of‑pocket expenses (medications, travel for treatment, household help)

4) Send a reasoned written demand

Prepare a concise written demand that explains why the insurer’s final offer is insufficient. Attach or reference the new evidence above and state a clear requested amount. Send the demand by certified mail or a delivery method that creates a receipt. This creates a record and may prompt further negotiation.

5) Try alternative dispute resolution (ADR)

Claims policies or state law may allow or require ADR such as mediation or appraisal (especially in property or first‑party claims). Mediation lets a neutral mediator help you and the insurer try to reach a voluntary settlement. Appraisal is a method to value property damage and is less common for bodily injury claims. Review your policy for ADR clauses and be open to mediated settlement if the mediator can realistically bridge the gap.

6) File a complaint with the Mississippi Insurance Department (MID)

If you believe the insurer acted unfairly, you can file a complaint with the Mississippi Insurance Department’s Consumer Services. The MID can investigate bad faith or unfair claims handling practices and may pressure the company to re‑evaluate its position. Filing a complaint does not replace the right to sue, but it can be a useful step.

Mississippi Insurance Department: https://www.mid.ms.gov

7) Consider filing a lawsuit

If the insurer will not offer a reasonable settlement, you may file a civil lawsuit to resolve liability and damages. Filing forces formal discovery (document exchange, depositions, expert reports) and can produce court orders, subpoenas, and judge or jury rulings. Remember these practical points:

• Filing starts the court process and preserves your claim before the statute of limitations runs.
• Defendants may make new settlement offers after you file — many cases settle before trial.
• Filing costs, court rules, and procedural deadlines apply; missing deadlines can hurt your case.

8) Weigh the costs and benefits

Litigation costs, time, and uncertainty can outweigh the potential increase in recovery for some claims. Talk to a lawyer about expected costs, likely range of recovery, and your tolerance for risk. For smaller claims, negotiation plus a complaint to MID or small claims court (if applicable) may be more practical.

Practical timeline checklist

1. Immediately preserve evidence and avoid signing any release you don’t fully understand.
2. Check the applicable statute of limitations and count backwards from the date of injury. (Miss. Code § 15‑1‑49)
3. Send a written demand with supporting documents within weeks of the insurer’s final offer.
4. File a complaint with the Mississippi Insurance Department if you suspect unfair handling.
5. If you plan to sue, consult a lawyer and file the complaint before the limitations period ends.

When to talk with an attorney

You should consult a personal injury attorney if:

• Injuries are severe, permanent, or require long‑term care.
• The insurer disputes liability or minimizes damages.
• Multiple parties or insurance policies are involved.
• You are near the statute of limitations deadline and need to file suit.

An attorney can evaluate liability, calculate current and future damages, handle negotiations, and file suit if needed. Many Mississippi personal injury lawyers offer a free initial consultation and work on contingency (they get paid only if you recover).

Relevant Mississippi law and resources

• Mississippi statute of limitations for personal injury: Miss. Code Ann. § 15‑1‑49
• Mississippi Insurance Department (consumer complaints and resources): https://www.mid.ms.gov
• Mississippi court system (filing suits, court rules, local court contacts): https://courts.ms.gov

Helpful Hints

• Do not sign a full release or accept a check labeled “final payment” until you are sure the amount covers all damages.
• Keep a single organized folder (physical or digital) for all medical records, bills, photos, and communications with the insurer.
• Get medical opinions about long‑term or permanent injury early and add those records to your demand.
• Record dates and summaries of all phone calls with adjusters, and follow up important conversations in writing.
• Ask the insurer for a written explanation of how they calculated the final offer. A clear explanation gives you material to challenge.
• If you file suit, follow court deadlines and rules strictly. Missing a filing deadline can forfeit your claim.
• Consider mediation — it often resolves cases faster and with less expense than full litigation.

Disclaimer: This article is for general information only and does not provide legal advice. It is not a substitute for advice from a licensed attorney who knows the facts of your case. If you need legal advice tailored to your situation, contact a Mississippi lawyer.