Detailed Answer
1. Documenting Your Injuries Thoroughly
After a car accident, create a complete medical record of both your pre-existing condition and any new or worsened symptoms. Immediately seek treatment from a qualified healthcare provider and obtain copies of:
- Initial and follow-up medical reports
- Diagnostic tests (X-rays, MRIs, CT scans)
- Therapy notes (physical therapy, chiropractic care)
- Prescription records and invoices
Request your pre-accident medical records to establish a baseline. Ask your doctor to provide a written opinion confirming that the crash aggravated your prior injury.
2. Understanding Mississippi’s Negligence Framework
Mississippi follows a pure contributory negligence rule. If you bear any responsibility for the crash, you may be barred from recovering damages under Miss. Code Ann. § 11-7-15. Work with your medical providers and, if needed, an attorney to minimize allegations of fault on your part.
Keep in mind the statute of limitations for personal injury claims is three years from the date of the accident (Miss. Code Ann. § 15-1-49). Filing after this deadline typically results in dismissal.
3. Calculating Your Damages
To pursue compensation, tally both economic and non-economic losses:
- Medical expenses: Past and future treatment costs, including anticipated surgeries or therapy.
- Lost wages: Pay stubs, employer statements, or a vocational expert’s report for future earning capacity.
- Pain and suffering: Document daily limitations, diary entries, or statements from friends and family.
Mississippi courts apply the collateral source rule, meaning benefits you receive from insurance or other sources generally do not reduce the defendant’s liability (Miss. Code Ann. § 11-7-16).
4. Pursuing Your Claim with Insurers and Courts
Begin by notifying the at-fault driver’s insurer in writing. Attach a summary of your medical records, bills, and a clear demand for compensation. Keep detailed notes of all communications.
If negotiations stall or the insurer undervalues your claim, you have two main options:
- File a lawsuit: Prepare a complaint outlining negligence, damages, and statutory citations. Serve the defendant and comply with local court rules.
- Consider alternative dispute resolution: Mediation or arbitration can lead to faster resolutions.
Consult a personal injury attorney if you encounter significant resistance, complex medical causation issues, or large claims. An attorney can handle evidence gathering, court filings, and trial strategy.
Helpful Hints
- Keep a daily injury journal noting pain levels and activity limits.
- Store original medical bills and invoice copies in a dedicated folder.
- Photograph visible injuries and accident-scene conditions.
- Gather witness statements and contact information soon after the crash.
- Do not sign any releases or accept full settlement offers without consulting a lawyer.