Common Personal Injury Mistakes to Avoid When Filing a Claim in Mississippi

The moments after an accident in Mississippi, whether on a busy route like I-10, Highway 49, or a quiet local street, are disorienting. You are in pain, your vehicle is damaged, and the path forward is unclear. As you begin to navigate the insurance process, it is easy to make simple errors that can jeopardize your right to fair compensation. The physical and emotional stress is immense, and dealing with insurance adjusters and legal requirements only adds to the burden.

Delaying or Refusing Medical Treatment

This is one of the most serious errors you can make, both for your health and your legal claim.

Why It Is a Mistake

In the chaotic aftermath of an accident, your body may be flooded with adrenaline. This can mask the pain of serious injuries. You might feel “fine” or “just shaken up,” but symptoms for conditions like whiplash, internal bleeding, or even traumatic brain injuries can take hours or days to fully appear.

How It Impacts Your Claim

• It Creates a “Gap in Treatment”: If you wait days or weeks to see a doctor, the insurance company will argue that your injuries must not have been serious. They may even claim that something else happened during that “gap” to cause your injury, and it was not their insured’s fault.
• It Harms Your Health: A medical professional needs to evaluate you to rule out unseen damage and create a treatment plan. Delaying this can worsen your condition.
• It Weakens Causation: A prompt medical evaluation creates a clear record linking your injuries directly to the accident. Without this, proving causation—that the accident caused your harm—becomes much more difficult.

Providing a Recorded Statement to the Other Party’s Insurer

Soon after the accident, you will likely receive a call from the at-fault party’s insurance adjuster. They will be friendly and helpful, and they will ask for your “version of events” in a recorded statement. You should politely decline.

Why It Is a Mistake

The insurance adjuster is not on your side. Their job is to find ways to minimize or deny your claim. They are trained to:

• Ask Leading Questions: They can phrase questions to get you to unintentionally admit partial fault.
• Look for Inconsistencies: They will compare this recorded statement to everything else you say later. Any minor, innocent discrepancy will be used to suggest you are not being truthful.
• Use Your Words Against You: A simple “I’m fine” in response to “How are you?” can be twisted to mean you were not injured. A statement like “I looked away for a second” can be used to assign you blame.

You have no legal obligation to provide a recorded statement to the other driver’s insurance company. You only need to provide basic, factual information.

Posting About Your Accident on Social Media

In today’s connected world, it is tempting to post about a major life event like a car crash. This is a significant mistake.

Why It Is a Mistake

Insurance companies and their investigators actively search for claimants’ social media profiles. They are looking for anything they can use to discredit your claim.

• Photos Can Be Misconstrued: A photo of you smiling at a family barbecue can be used to argue that your pain and suffering is exaggerated.
• Comments Can Be Damaging: A simple “I’m doing okay” or “Getting better” can be taken out of context.
• “Checking In” Can Hurt: If you claim you have back pain but “check in” at a concert or sporting event, an insurer will use it as evidence that you are not as injured as you claim.

The safest course of action is to set all your social media profiles to private and, ideally, to stop posting entirely until your claim is resolved.

Failing to Document Everything

A successful personal injury claim is built on evidence. When you are injured and in pain, acting as your own investigator is the last thing you want to do, but it is necessary.

Why It Is a Mistake

Memories fade, and evidence disappears. If you do not gather proof, you are left with only your word against the insurance company.

What You Should Document

• The Accident Scene: Take photos and videos of all vehicles involved, their damage, license plates, skid marks, and the surrounding area.
• Your Injuries: Take photos of your bruises, cuts, and casts over time.
• Witness Information: Get the names and phone numbers of anyone who saw the accident.
• All Expenses: Keep a file of every medical bill, pharmacy receipt, and co-payment.
• Lost Work: Document every day you missed from work. Get a letter from your employer verifying your pay rate and the time you were unable to work.
• A Pain Journal: Write down how you feel each day. Detail your pain levels, the activities you can no longer do, and the emotional impact of the injury. This will be invaluable for proving your “pain and suffering” damages.

Ignoring the Mississippi Statute of Limitations

The statute of limitations is a state law that sets a strict deadline for filing a lawsuit. If you miss this deadline, your claim is barred forever, no matter how strong your case is.

What Is the Deadline in Mississippi?

For most personal injury cases in Mississippi, you have three years from the date of the injury to file a lawsuit.

Why It Is a Mistake

Three years may sound like a long time, but it is not. Building a strong case, gathering medical records, and negotiating with an insurance company takes time. If the insurer knows the deadline is approaching, they may intentionally “slow walk” your claim, hoping you run out of time. Waiting until the last minute puts you in a weak negotiating position and risks losing all your rights.

Accepting the First Settlement Offer

If the other party’s fault is clear, the insurance company may offer you a quick settlement. This might be tempting, especially when bills are piling up.

Why It Is a Mistake

The first offer is almost always the lowest offer. It is a tactic used to make the claim “go away” for as little money as possible.

This initial offer rarely, if ever, accounts for the full scope of your damages, which may include:

• Future Medical Expenses: If your injury requires ongoing physical therapy, pain management, or future surgeries.
• Future Lost Earning Capacity: If your injury permanently affects your ability to do your job.
• Full Pain and Suffering: The offer will not adequately compensate you for the physical pain, emotional distress, and loss of enjoyment of life.

Once you accept a settlement and sign a release, your claim is closed forever. You can never go back and ask for more money, even if you find out your injuries are much worse than you thought.

Contact Gardner Law Group Today

Navigating a personal injury claim in Mississippi is a complex process filled with potential pitfalls. Protecting your rights while trying to recover from an injury can feel overwhelming. If you have been injured in an accident and are worried about your claim, the legal team at Gardner Law Group is here to help. We have experience handling these cases and can manage the investigation, gather the necessary documentation, and handle all communications with the insurance company so you can focus on your health and recovery.

To discuss your situation and learn more about your legal options, please call us at 228-762-6555 or fill out our online contact form to schedule a consultation.