How long will it take to settle my Mississippi injury claim?
When you’re seriously injured due to the negligent actions of another party, it makes sense that you want to settle your personal injury lawsuit as soon as possible. After all, you have medical expenses to pay and may have gotten behind on your bills. To ensure that you receive your funds as quickly as possible, it’s essential that you follow Mississippi guidelines before you even file a claim.
Mississippi Statutes Regarding Personal Injury Claims
Sometimes pain and suffering from an accident isn’t always apparent right away. This is the reason the state gives you three years from the date of your accident to file a personal injury lawsuit in a civil court. Waiting even one day past the expiration date means that you’re unlikely to ever collect any damages.
It’s also important to understand that Mississippi follows a pure comparative negligence rule when it comes to personal injury lawsuits. For example, a judge will reduce your compensation by 10 percent if he or she determines that you were 10 percent at fault for your own injuries. Even if your case doesn’t go to court, be prepared for the insurance adjuster representing the other party to attempt to reduce your payout based on pure comparative negligence.
One thing in your favor as a Mississippi accident victim is that Mississippi doesn’t put a cap on the amount of compensation you can receive from your lawsuit. Some states do limit payouts, but Mississippi has consistently ruled it unconstitutional to place a cap on personal injury claims.
Every Personal Injury Case is Different
The time it takes to settle an accident claim often depends on how long the injured person feels he or she can wait for a settlement. If you accept an offer from the other party’s insurance company without taking the case to court, you can expect it to be more than 50 percent lower than it would have been after a trial. Injured people often make the mistake of settling for the first offer they receive because they need the money right away. While understandable, it’s in your best interest to consult with an experienced Mississippi personal injury attorney before accepting any offer.
If your accident case is straightforward, you should receive a check from the other party’s insurance company within a relatively short amount of time. However, it can take several weeks, months, or even more than a year if you and the other party don’t reach an immediate agreement about how much you should receive. Some of the factors that can influence how fast you get paid include:
• It is difficult to establish fault and confirm your version of events
• The insurer disagrees that you have the right to sue
• Your medical providers don’t agree that your injuries are caused solely by the negligence of the other party
• You are asking for a payout that the insurer considers excessive
• The insurer uses stalling tactics such as delaying and denying payment in hopes that you will give up and accept a lower settlement amount
• You have not yet reached maximum medical improvement, which means that you’re still receiving treatment and could improve significantly from your injuries
If a judge rules in your favor in a personal injury lawsuit, the insurance provider representing the other party typically has a short window to pay the claim. Two weeks to one month is common, after which the losing party will be assessed interest on the balance and possibly penalties. Unfortunately, some insurers take advantage of the many loopholes allowed by law to place holds or releases on settlement checks. The payor of funds may demand that you meet certain conditions before it releases your money, which can take several additional weeks or months.
Contact an Experienced Mississippi Personal Injury Attorney
You need the experience of the personal injury attorneys at Gardner Law Firm on your side at such an exceptionally frustrating time. We use our in-depth knowledge of personal injury law to fight for a fair settlement and reasonable delivery time on your behalf. Please contact our office in Biloxi, Hattiesburg, or Pascagoula today to request a free initial case review. Feel free to contact our closest office location to request your appointment today. We can be reached in Biloxi and Pascagoula at (228) 436-6555 and in Hattiesburg at (601) 582-4300 or we can be reached online.