Disclaimer: This article provides general information and does not constitute legal advice.
Detailed Answer
1. Identify Recoverable Expenses under Mississippi Law
Under Mississippi law, a personal injury victim can recover costs directly related to medical care as part of special damages. Although no statute specifically names “travel expenses,” case law and civil practice treat necessary travel to and from medical appointments as recoverable. You must prove that travel was reasonable and directly tied to your injury treatment.
2. Track Your Mileage and Transportation Costs
From your first medical appointment, record each trip. Note the date, starting point, destination, purpose, and miles traveled. If you use public transit, keep tickets or fare receipts. If you drive, maintain a mileage log that includes round-trip distances. Refer to the IRS standard mileage rate (IRS Revenue Procedure 2022-38) for calculating costs per mile if you choose this method.
3. Maintain Receipts and Logs
Save all related documents: gas receipts, parking fees, toll tickets, ride-share invoices, and mileage logs. Organize them chronologically. Digital photos or scanned copies work if originals risk damage or loss.
4. Include Travel Costs in Your Settlement Demand
Work with your attorney to prepare a written demand to the insurance company. Itemize each trip under “special damages.” Attach supporting logs and receipts. Label exhibits clearly (e.g., “Exhibit A – Mileage Log,” “Exhibit B – Parking Receipts”).
5. Disclose and Prove Travel Expenses in Court
Under the Mississippi Rules of Civil Procedure, Rule 26(a)(1) requires you to disclose damages early. Provide the other party with your travel documentation before discovery deadlines. At trial, present your logs and receipts through witness testimony (you or your attorney) to establish necessity and reasonableness. The court will compare your evidence against the IRS rate or actual expenses.
Helpful Hints
- Start logging travel immediately after your accident.
- Use a mobile app or spreadsheet for accurate mileage tracking.
- Download and print transit receipts promptly.
- Confirm the IRS mileage rate annually.
- Review Mississippi Rules of Civil Procedure Rule 26(a)(1) via mssc.state.ms.us.