Immediately after a wreck the people who were in the wreck will exchange information and the police officer who responds to the scene will attempt to gather the facts of the wreck. It will be necessary for you to gather as much information as possible at the scene of the wreck. Photos, and information for any witnesses who may have seen the wreck. It is also important to look around for video cameras near the scene of the wreck as well as these systems often record over old footage in a matter of days. A personal injury attorney will make sure to obtain these videos as quickly as possible.
In the days following the wreck a claims representative from your or the other driver’s insurance company will attempt to call you and take a statement about how the wreck occurred. It is not in your best interest, and this can be used against you later as your case progresses. Once you hire a Mississippi personal injury attorney your case will continue on and you should be protected from many of the pitfalls that commonly occur to individuals who represent themselves in personal injury actions.
Often insurance companies will attempt to settle a claim early to avoid having to pay the full value of a claim. Insurance companies settle up to 95% of claims with an early settlement that is some fraction of the actual value of the claim or the potential future lost wages and necessary future medical treatment.
When you receive an initial offer from an insurance company you should seek out a personal injury attorney who offers a free consultation and let them talk you through the value of your claim and what you may be giving up by signing a release and forever giving up your claim.
Representation by a Mississippi Personal Injury Attorney will likely be on a contingency fee basis. This means that nothing will be paid to this attorney and the attorney will advance any necessary legal expenses up until the point when the case is settled. The attorney’s fee will be paid as a percentage of the total amount of recovery. This means that your attorney has every incentive to ensure that you are paid the full value of your claim. (Some high percentage of what a jury would likely award at trial).
As you finish treatment with the doctors who have taken over your care, your attorney will request these bills and records as well as future prognosis of what other medical treatment you may require. Your attorney will also gather additional information concerning your losses, lost work and future treatment and make each of these a part of a demand packet to be sent to the insurance company, with some deadline of when the insurance company has to respond to the lawsuit.
IF a fair settlement value is offered by the insurance company, it may be possible to settle the claim without the need to file the lawsuit. If a fair value is not offered your attorney may file the lawsuit and begin litigation of your case, looking forward to the day your claim will eventually be heard by a jury.