What Can I Get Paid for a Car Accident That Was Not My Fault?

Car accidents happen when we least expect them. Even worse, they can happen when you’re doing everything right. What if you were minding your own business, following traffic laws, and suddenly in a wreck caused by someone else’s negligence? It’s frustrating, stressful and often leaves you wondering: What now? How can you get compensated for your pain and suffering? What damages are you entitled to? This is where having a car accident lawyer by your side can make all the difference.

Types of compensation you can receive

Let’s break it down. If someone’s careless driving led to your injury, you’re entitled to compensation. You’ve got rights, and knowing what you can claim is a big part of getting the justice you deserve.

Medical expenses

First, there’s your medical care. You’ve got doctor bills, surgery costs, and maybe physical therapy down the road. All of that adds up fast, right? It’s not your fault you’re hurt. So, your compensation can (and should) cover these expenses — past, present, and future. We’re talking about everything from hospital visits to long-term care you may need. You shouldn’t have to pay for someone else’s mistake.

Lost wages

Then, there’s the time you’ve missed from work. Maybe you’re in bed recovering, or maybe you’ve been in physical therapy, missing hours, days, or even weeks. It’s frustrating. And when that paycheck isn’t coming in, it hurts even more. If you’re out of work, your claim can include lost wages, along with future earnings if the injury affects your ability to work again.

Pain and suffering

And what about the pain? Not just the physical agony of an injury but the emotional toll, too. We all know accidents aren’t just about broken bones. There’s stress and anxiety. Maybe you’ve had to change your whole lifestyle. How do you put a price on that? Mississippi allows you to make a claim for pain and suffering, but it’s tricky. Unlike medical bills, there’s no set price here. A car accident lawyer will help you calculate it based on your case’s unique details. The more evidence you can provide about how the accident has affected your life, the better.

Property damage

Finally, your car (or anything inside it) might have been damaged in the wreck. Whether it’s your vehicle, your laptop, or your phone, you’re entitled to have that property damage covered. You might need a new car or at least repairs. And property damage claims are pretty straightforward. The hard part is making sure you’re compensated fully for everything that’s been damaged. Don’t settle for less.

What is considered fault in a car accident?

You might be wondering: How does Mississippi determine who’s at fault in a car accident? Well, in simple terms, fault is based on negligence. Negligence means someone failed to take reasonable care to avoid causing harm to others. It could be speeding, running a red light, or texting while driving. In Mississippi, we follow a pure modified comparative negligence rule (MS Code § 11-7-15 (2024)). This means that if you are partially at fault, the amount of compensation you receive will be reduced based on your percentage of responsibility. For example, if the court finds you 20% at fault, you can still recover 80% of the damages.

The role of a car accident lawyer

Why should you hire a car accident lawyer? Simply put, it’s because insurance companies are in the business of saving money — not giving it away. They’ll try to settle your claim for as little as possible. A lawyer, however, can protect your rights and fight for the compensation you deserve. A good lawyer knows the ins and outs of Mississippi’s laws, can handle all the paperwork, and will negotiate with insurance adjusters on your behalf. Without one, you might be left with a fraction of what you’re entitled to.

Lawyers are also experts at assessing all the damages you’ve suffered. They don’t just look at the obvious medical expenses. They also consider future medical costs, long-term physical limitations, and how the injury has impacted your quality of life.

How to prove you were not at fault

If you’re not at fault, you’ll need to prove it. But how do you do that? Mississippi’s legal system requires evidence. Start by gathering as much information as possible immediately after the accident. This includes:

• Photos of the scene: Take pictures of your car, the other vehicle(s), skid marks, and any property damage.
• Witness statements: If there are witnesses, get their contact information and ask them what they saw.
• Police reports: A police officer’s report can be crucial in determining fault, so make sure to get a copy.
• Medical records: Document all of your injuries and treatments. This will show how the accident affected your health.

Don’t leave anything to chance. The more evidence you have, the stronger your case will be.

Common mistakes to avoid when filing a claim

When you’re filing a claim, there are some common pitfalls to avoid. Here are a few things you don’t want to do:

• Speak to the insurance company without a lawyer. Insurance adjusters are trained to get you to settle for less than what you deserve. They might try to downplay your injuries or pressure you into a quick settlement. Don’t sign anything without contacting a car accident lawyer first.
• Accept the first offer. Insurance companies may offer you a settlement early on in the process, hoping you’ll take it without realizing the full extent of your damages. That first offer is usually far lower than what you could get with legal help.
• Wait too long to file. Mississippi has a three-year statute of limitations for personal injury claims (MS Code § 15-1-49 (2024)). This means you have three years from the date of the accident to file your lawsuit. Wait too long, and you could lose your chance to get compensated.

Injured in a car accident? Let’s talk.

Dealing with the aftermath of a car accident can be overwhelming, but you don’t have to go through it alone. If you’ve been injured in an accident that wasn’t your fault, you may be entitled to compensation. A car accident lawyer can guide you through every step of the process, ensuring you get the maximum compensation for your losses.

At Merkel & Cocke, our team of experienced lawyers works together to create the best strategy for your case. With around 200 years of collective legal experience, we serve clients throughout Mississippi, Tennessee, and Arkansas. Call us or complete our contact form to schedule a free initial consultation.