Car accidents can lead to devastating injuries. In many cases, victims must undergo costly and invasive medical treatments during their recoveries. Fortunately, in Mississippi, at-fault drivers may be held responsible for the injuries they cause.
Accordingly, after an accident, you may recover payment for medical expenses by filing a claim with the other drivers’ insurance company. However, if you cannot reach a settlement with their insurer, then you may have to file a personal injury lawsuit to recover the compensation you are owed. Furthermore, if the at-fault driver is uninsured or cannot be identified, then you may have to seek damages from your own insurer through your uninsured motorist coverage.
If you suffered a harmful crash, get support from our experienced Mississippi car accident lawyers by calling Howe Law at (844) 876-4357.
Options for Recovering Medical Expenses After a Car Accident in Mississippi
There are several options for recovering payment for medical expenses stemming from your car accident injuries. Any of the following options may be available to you:
Filing a Claim with the Other Driver’s Insurance Company
As previously mentioned, at-fault drivers in Mississippi can be held accountable for car accident injuries they cause. Therefore, after suffering a crash, you may acquire payment for your medical expenses by filing a claim with the other driver’s insurance company. These types of claims are referred to as “third-party claims.”
Unfortunately, at-fault drivers’ insurance companies frequently attempt to entice quick and cheap settlement agreements from injured parties. If you suffered a collision, you may be contacted by the other driver’s insurer soon afterwards. It is important to not speak with any insurance agents or adjusters without first consulting with our Mississippi personal injury attorneys. Our team will prevent you from making mistakes that could hurt your claim. Furthermore, we will handle all communications with the other driver’s insurer and negotiate for the full extent of compensation available to you.
Filing a Personal Injury Lawsuit
If you cannot reach a fair settlement agreement with the other driver’s insurance company, then you must file a personal injury lawsuit to recover the payment you deserve. There are several types of monetary damages that can be obtained through a personal injury case. However, in order for your case to prevail, there are certain elements that must be established. You must prove that your crash happened because of the defendant’s negligence. Additionally, you must demonstrate that you suffered damages because of the injuries your accident caused.
There are several strategies that defendants may utilize to avoid paying for the losses incurred by plaintiffs. Therefore, it can be highly beneficial to have experienced legal representation on your side when seeking payment through a personal injury lawsuit.
Filing a Claim with Your Own Insurance Company
After a car crash, you may be able to seek compensation for medical expenses by filing a claim with your own insurance company. However, it is likely that they will pursue a subrogation claim against the at-fault motorist’s insurer. An adjuster will be assigned to your case and they will investigate your crash to determine if the other driver is to blame. If so, they will then pursue payment from the other driver’s insurance company for the losses you suffered.
Furthermore, you may need to file a claim with your own insurance company if driver who caused your accident is uninsured or committed a hit-and-run. Unless you declined uninsured motorist coverage on your auto insurance policy, you will likely have some degree of uninsured motorist coverage.
Time Limit to File a Personal Injury Lawsuit After a Car Accident in Mississippi
After suffering a car accident, you may obtain payment for medical expenses by filing a personal injury lawsuit. In Mississippi, the time limit to file a personal injury lawsuit is set forth by Miss. Code Ann. § 15-1-49. Usually, you will have three years from the date of your car accident to file your case. Noncompliance with this deadline can cause you to miss out on crucial monetary damages.
There are certain circumstances that can extend the time window for filing personal injury lawsuits. For example, parents may file a lawsuit on behalf of their injured children at any point until they turn 18. Also, after turning 18, new adults will then have three years to file their own cases stemming from injuries they suffered as minors.
The time limit to file a personal injury lawsuit may also be extended in cases where the victim is mentally incapacitated. In such cases, the time limit for filing will not begin to countdown until plaintiffs are no longer incapacitated.
Furthermore, the time limit for filing can increase in cases where defendants leave the state. If the driver who caused your car accident left Mississippi, then the countdown to your filing deadline may be paused until they return.
Finally, you may have additional time to file your case if you did not discover your injury until well after your accident. For instance, you may not discover a serious internal injury until a year after your crash. In that case, the three-year time limit for filing your personal injury lawsuit may not begin to countdown until you discovered or should have discovered your injury.
What Medical Expenses Will Be Paid After a Car Accident in Mississippi?
After suffering a car accident, you can obtain payment for all past, current, and future medical expenses related to the injuries you sustained. For example, the cost of ambulance rides, surgical operations, prescription medication, and physical therapy may all be accounted for.
Damages for medical expenses are usually established using your medical records and bills. Therefore, it is important to seek medical treatment quickly after your accident. If you wait for your injuries to heal on their own, then you may be unable to obtain the documentation you need to recover payment from another party.
After Suffering a Car Accident in Mississippi, Call Our Law Firm for Support
Get help from our experienced Jackson car accident attorneys at Howe Law by dialing (844) 876-4357.