Car accidents happen suddenly, especially on the narrow Biloxi roads that line the beautiful coastline. You can follow the rules of the road perfectly, adjust to the flow of traffic, and keep a vigilant eye on the vehicles around you. Outside of those three things, there is very little you can do to prepare for a car accident, and once you get involved in the legal process, it is easy to see why car accidents can turn so many people’s lives upside down so quickly.

A screech of tires, the smell of burnt rubber, and the next thing you know, you are sitting on the side of the sandy road in a damaged vehicle, re-orienting yourself with the world. You will need to make a claim, get a lawyer, talk to the insurance company…

Is it worth getting a lawyer after a car accident in Biloxi?
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This is the question of the day. The team at Wetzel Law Firm will help walk you through the legal process of a typical car crash, and when you might want to hire a lawyer, versus when it makes more sense to go through the legal process on your own. After all, dealing with the aftermath of a car accident is a time-consuming endeavor, and you have a life to live, so it’s important to get the matter handled promptly.

Is It Worth Suing After a Car Accident?

Accidents happen to drivers all the time, regardless if you are a safe driver or not. They would not call it an accident if it was done on purpose.
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Getting into an accident, however, can be a lengthy legal process, and depending on the damage, you could be out a vehicle and still paying on it even though it is rusting in a junkyard. This would leave anyone feeling frustrated, and chances are, you have filed a claim (1) against the other driver’s insurance.

“The other person’s insurer will process the claim, but don’t count on quick payment. The insurer might want to investigate the accident to determine that their customer truly was at fault.”

• Ed Leefeldt

There is a difference between filing a claim against the other driver’s insurance and filing a lawsuit against the individual. There are only a few instances where you will want to consider suing the other driver, and a lot of it comes down to money.
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You can file a lawsuit, but the court may not take it seriously unless it involves a significant disparity between the amount of money that the accident cost you and the money the insurance is offering.  

What’s the Average Settlement for a Car Accident?​

Are you wondering what you might be able to get from your car accident and whether it will cover your costs?
Settlement claims are calculated, with some help from a lawyer or insurance adjustor, by the medical cost and repairs on the damaged vehicle. These costs are then multiplied by a factor of two or three to adjust for any additional expenses and to help compensate for emotional strain during the legal process.

It is important to understand that claim amounts are never exact, and you should expect a range between what you are asking for and what the insurance will payout.
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The average settlement for a car accident nationally ranges anywhere between $14,000 to $16,000 for car accidents that have resulted in a multi-day hospital stay, or somewhere in that range of severity. Settlements that result in more permanent or severe injuries have been known to reach anywhere between $28,000 and $50,000 and up.

There is no public average for the city of Biloxi specifically, but you can expect your settlement to follow the same range depending on the severity of the accident.

Insurance companies also insure drivers with a policy maximum, meaning they will only pay out a certain amount of money to any driver filing a claim up to a certain amount. If your insurance claim settlement is above the at-fault driver’s insurance policy maximum, then it might be time to pursue other options, such as a lawsuit against the driver, or other forms of compensation that might be available to you due to the specific circumstances of the crash. 

How Do I Settle a Car Accident Claim Without a Lawyer?​

You could settle a car accident claim without a lawyer if you chose to but be prepared to wait a much longer time than you might want to. Many claims can take years to come to a final settlement amount and insurance companies.

If the other driver was under the influence of drugs or alcohol at the time of the crash, you may be entitled to more compensation than the insurance company is willing to pay out at first. If this was the case, you should get in contact with the Wetzel Law Firm immediately, rather than try to settle the claim on your own.

Unless you are filing a claim for minor damages and repairs under $5,000 you can expect the insurance company to take several months, up to a year or two to completely reimburse your costs. While it is not guaranteed, claims under $5,000 typically get processed and accepted much faster, helping you put a down payment on another vehicle and pay off medical bills. To settle a car accident claim with or without a lawyer, you must take several steps to have the best chance at success:

1. Follow your medical care practitioner’s treatment guidelines

By following your doctor’s guidelines for treatment and recovery, you can show that you are making the claim in good faith. This also helps both insurance companies more accurately judge the extent of your injuries, as an extended hospital stay is a sign of more severe injuries.
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Furthermore, if you accept a settlement before you are recovered, you will be required to sign a release stating the insurance company is no longer liable for damages or personal injury related to the crash. This means that, if the insurance company is willing to pay out promptly before you are injured, you will not have the cost of future medical bills related to the injury compensated by the insurance company.

2. Acquire the accident report and any images from the scene of the crash
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The accident report is required by law to be filed by the police officer who was present at the scene of the crash.

​This report typically contains information about whether the other driver was at fault, about the weather conditions at the scene of the crash, and any additional information that will help you make your claim. Most accident reports are available through the local sheriff’s department or city police station where the crash occurred. 

3. Obtain your medical records

Your medical records before and after the crash are vital to making a claim. This will help the insurance company determine what state your health was in before the crash, certain risk factors that may have been present, and how your health was affected by the accident. The more information you can supply to both insurance companies, the better.

4. Collect information about lost wages or other financial burdens

If you lost time at work, even because you used vacation days to recover from the crash or crash-related injuries, you are entitled to receive compensation for each day lost. This is the insurance company’s way of ensuring that you do not lose a job or home due to financial strain just because their driver hit you. If they did not payout for this, this could result in a lawsuit against the insurance company.

5. Take pictures of your injurie

Any pictures you can take of your injuries while they are fresh will benefit your case against the other driver’s insurance claim. You should take pictures of any physical scarring or permanent disfigurement as well, as this will help strengthen your claim against the insurance company and potentially increase the settlement amount you are entitled to receive. 

6. Get payment information from your health insurance company

 If you used your medical insurance to help pay for any of the injuries related to the crash, you will want to get in contact with them to get a written statement declaring how much they paid for these injuries and any related medications or physical therapy. Your health insurance company has a right to get paid back from any settlement received from the other driver’s insurance.

How Long Do I Have to Get a Lawyer After a Car Accident?

According to the state of Mississippi, you have up to three years to file a lawsuit regarding property damage or personal injury. (2) Up until this three-year mark, you may hire a lawyer to help you file your suit and represent you in court.

“The time starts on the day of the accident. After this deadline, you are barred from filing a lawsuit.”

• Find Law

If you are concerned about a duplicitous insurance company or want to make sure that you get the maximum settlement possible from your Biloxi car accident, contact the lawyers at Wetzel Law Firm to sit down for a consultation session.

Talking to a lawyer as soon as possible after the car crash can help align you with what to say to the insurance company. You will also learn about what items you need to document that are specific to your case, and any questions about the process can be answered right there.
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In the event of a car crash, having a lawyer to ask advice of is an invaluable asset that will help give you peace of mind. In some cases, you may even be able to claim the lawyer’s legal fees against the settlement, or your lawyer may work on a contingency basis, meaning you don’t owe them a dime until you receive your settlement money from the insurance company.

How Much Does a Lawyer Charge for a Car Accident?

The typical rate a lawyer will charge to settle a car accident case varies depending on the circumstances surrounding the car accident, as well as how the case plays out. When you book a consultation, you should ask the lawyer any questions about payment, payment options, and any percentages they take from the settlement.
If anything about the lawyer’s terms are confusing, ask the lawyer directly to explain the specifics to you in plain language.
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In many cases, lawyers who work on a contingency basis will take a percentage of the settlement rather than working on a retainer upfront. This way, you do not have to pay the lawyer until you receive a settlement. The lawyer, however, will collect a percentage of the insurance settlement.

These fees can range from 20% to 50% depending on how the case is handled by the insurance company and based on the lawyer’s typical fee structure. In many cases, a case that goes to court over the settlement will allow the lawyer to collect a higher percentage than if a settlement is agreed on after simply negotiating with the insurance company.

If you work with a lawyer on a retainer basis, you must be prepared to shell out the money ahead of time. While the fee is worth it, one hour of a lawyer’s time can run anywhere from 150 to 350 in the Biloxi area, and even higher if they are a specialized lawyer handling a high-profile case. Lawyers often operate on a retainer-basis, meaning their fee is paid upfront for several hours, then they track time spent on your case to determine how much of your retainer they have used.

Unfortunately, car accident settlements can take a long time to settle, which may put a significant strain on your wallet while you wait for everything to process.

Not certain which option is best? Many car crash victims opt to work with their lawyers on a contingency basis and trying to maximize their claim amount.

I Don’t Know If I Was Injured After A Car Accident. What Should I Do?

Some injuries, such as whiplash or aches and pains to the spine may take a couple of days to manifest after a car accident. It can be difficult to determine whether these injures are present at the scene of the crash, so police officers tend to mark down the visible marks and take statements from every individual involved in the crash.
If you believe you may have been injured in a car accident and it is just now becoming apparent, it is important to seek medical evaluation.

By getting a medical assessment of your injuries, you can append these documents to your insurance settlement claim and have any additional injuries treated and covered by the other driver’s insurance policy. Documentation is a crucial step in proving these injuries are related, so it is wise to inform your doctor that you were involved in a crash and you suspect the injury may be related.
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Your doctor may ask you about the details of the crash and where you sustained any injuries, bumps, or scratches, as well as how the other vehicle hit you. This will help your doctor tell whether the injury is separate from the incident, or the injury was sustained as a result of the crash.

Talk to the Personal Injury Lawyers at Wetzel Law Firm Today

Have you been injured in a car crash?

Has your personal vehicle been damaged due to another driver’s negligence?

Many drivers feel embarrassed to admit these things, but just because you got into a car accident does not mean you are a bad driver. There are over an estimated 16,000 car crashes every day in the United States, and many of those accidents are caused by drunk or distracted drivers disobeying the laws of traffic. With a little vigilance and safety education, you can reduce your risk of a car accident and help make Biloxi roads a little safer.
In the case that you were hit by another driver, it is easy to start the claim process. The question remains, however, is it worth getting a lawyer after a car accident?

If the insurance is refusing to play nice and your accident has left you hurt or your property damaged, then it might be time to bring in a little legal power to move the case along.

Life does not stop just because you get into a car accident. You deserve to focus on healing and getting back to life as normal as soon as possible. Contact your top-rated Biloxi personal injury lawyers, the Wetzel Law Firm, today to resolve your case and get the most out of your claim settlement.

References:

1. Forbes
   https://www.forbes.com/advisor/car-insurance/car-accident-insurance-claim/
2. Find Law
   https://statelaws.findlaw.com/mississippi-law/mississippi-car-accident-settlement-process-and-timeline.html