Traffic laws are in place to help keep every driver safe on the road no matter the weather conditions or circumstances of the road. Of course, there are situations where a car accident might be simply unavoidable, but you might be surprised to know that many car accidents are the consequence of real, conscious decisions made by the other drivers.

The top three causes that are responsible for car accidents in Mississippi are the failure to follow the rules of traffic, drunk driving, and distracted driving. There are laws in place against these actions, but that fact doesn’t stop some drivers from acting out this way. Road rage is also a common factor in how drivers act on the road, and rash, impulsive decisions made by drivers with road rage can also result in a car accident.
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The attorneys at Wetzel Law Firm are proud to represent victims of car crashes in Biloxi, helping individuals across the Gulf Coast get the maximum amount out of their car accident settlement. This justice has not gone unnoticed, making the Wetzel’s one of the top-rated personal injury attorneys in the area.

In this article, you will learn everything you need to know about how to maximize your car accident settlement, what the minimum settlement you should accept is, how settlements are calculated, and much more. 

How Is a Car Accident Settlement Calculated?​

A car accident settlement must be calculated on several variables. These variables are not always monetary, which makes it difficult to come up with an exact financial figure. Because of this, there are several ways a car accident settlement is calculated, but how it is calculated can help you maximize your car accident settlement.
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Several variables can affect your claim value (1) that are covered under the legal term of Pain and Suffering, which is defined as being a physical, mental, or emotional injury that is caused by the accident. 

“Many more variables also affect the value of the claim, including your age, previous medical condition, and the specific circumstances of the car accident such as vehicle speeds.” - ​David Landers

Despite what you might think, the insurance company does not have car accident claims down to an exact formula, which can make it difficult for you to calculate your own costs. There are thousands of variables that can play into the number the insurance is willing to pay out, and despite how nice and caring the phone representative might be, the company’s interests are in paying you the least amount of money.
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Here are several significant factors that can play into how much you can ask for to maximize your car accident settlement

Medical Expenses

Any medical expenses you incur as a result of the accident, whether it is ambulance transportation, surgery, medical care, medications, physical therapy, and any additional fees incurred by this type of care related to the injury that occurred at the scene of the crash.

Damage to Personal Property

Any damage to your personal property, such as valuables inside the car, as well as any repairs that need to be made on the vehicle itself are all covered under damage to personal property and may be claimed. This may be the replacement of the car based on its condition, age, mileage, and blue book value depending on the circumstances

Lost Wages

Any wages lost due to time spent at the crash or due to disability or injury as a result of the crash may also be claimed on the other party’s insurance, providing you with a financial safety net so you can focus on recovering on time. If the accident happened on the job, an additional claim may be filed for workman’s compensation depending on the situation

​Bereavement

In the unfortunate event that a loved one or friend is lost, you can claim a monetary amount on the settlement. This is where it gets difficult to estimate the exact monetary value, as everything else can be financially estimated, but no amount of money will bring back your passenger.
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In the case of severely debilitating injuries or fatalities, if the person involved in the crash was your spouse, partner, child, or parent, you can also claim the “loss of consortium” which is the loss of companionship and affection given by that person. 

Personal Disability or Disfigurement

There is a certain amount of distress in a car accident causing permanent disabilities or disfigurement. Permanent injuries can affect the work that is available to you and your ability to do the things you love. For example, a broken wrist might be an easy surgery for an office worker, and it will cause some distress as some tasks become more difficult, but for the drummer, a broken wrist might mean the end of their musical career, resulting in further emotional distress, and difficulty in finding a new career. 

Emotional Distress

Emotional distress may include anxiety, fear, or worry stemming from any of the above conditions, the crash itself, or undue hardships placed on the individual because of the crash.
This is a difficult factor to put a monetary value on, but like the other emotional factors, it is not taken lightly by insurance companies.

Generally, when your lawyer or insurance adjustor is calculating your claim, they may assign a monetary number per diem based on how long you experienced hardships. For example, if your lawyer reached the calculation of $100 per diem and you did not suffer any additional hardships outside of a 23-day hospital stay, your initial claim costs would come to $2,300. Once that number is reached, it is typically increased by a factor of three to help accommodate any emotional distress and cover additional costs such as the lawyer’s fees, additional medical stays, and expenses, as well as lost wages over the settlement’s case. In this instance, your lawyer would fight for you to receive $6,900 in your settlement case.

Another way to calculate costs is to increase the bare expenses by a factor of three. For example, if you incurred $6,000 worth of costs between medical care, tests, lost wages, and car repairs, then your lawyer would fight for you to receive $18,000 in your settlement.

If you are considering filing a claim with the insurance company, sit down for a consultation with your local Biloxi lawyer, the Wetzel Law Firm today and get the most from your settlement claim. 

​How Much Money Should You Settle for in Biloxi?

Many lawyers and insurance adjusters will use a two- or three-times modifier to determine the actual settlement cost, but insurance companies may deny this claim and provide evidence to the contrary.

This is when an experienced Biloxi lawyer comes in. At Wetzel Law Firm, you can rest assured knowing your settlement amount will be fought for justly, getting you the maximum settlement possible in every case. 
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The average car accident settlement in Biloxi ranges between $10,000 and $21,000 depending on the severity of the crash and damages sustained to both people and property. Of course, this is an average, meaning your case should not be based around this figure, but around similar cases. The best estimate you will get is through advice from a personal injury lawyer with plenty of experience in car crash settlements, or with your insurance company. With the evidence each has in hand, they can tell you an estimate based on their previous experience. This is, however, not an exact number and nothing is guaranteed in a car crash case.

In any car accident settlement, you should never settle for less than the cost of any injuries that were sustained in the crash. Many sources suggest settling for no less than double the base financial cost to you, including any vehicle repairs, fees, medical care, and lost wages associated with the crash.

​Should You Get a Lawyer for a Car Accident that Wasn’t Your Fault?​

Let us imagine that you were not at fault in the crash. Phew! This is good news for your case, but you still have a lot of paperwork to shuffle and evidence to prove to the insurance companies involved in the case.
Insurance companies are not keen on paying money out, so the less substantial your evidence is, the worse it looks for your overall settlement. Insurance companies have attorneys on staff whose sole job is to discover any loopholes in the case and lower how much the insurance company must payout.
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This is a difficult prospect to go up against on your own, even if you were clearly not at fault in the police report. You might end up with a several hundred dollar settlements instead of a several thousand dollars one, or worse, the insurance company may be able to get away without paying a dime.

It is important to be able to spot these tactics and work around them, be aware of your rights as the victim of the crash, and pursue as much settlement money as possible to compensate for your lost time and any injuries sustained during the crash.

While it is possible to go it alone and represent yourself in court, it is unlikely that you will have a favorable outcome. Hiring a lawyer as soon as possible after a crash can help you plan what to say to the insurance’s claims investigation team and the total amount you should ask for in the settlement case. The more legal power you have in your pocket, the better.

Have you been hurt on the Mississippi Gulf Coast? Schedule a consultation with Biloxi’s top-rated personal injury lawyers at the Wetzel Law Firm today.

​How Long Does a Car Accident Lawsuit Take?

You might not be surprised to learn that the answer to this is a big “I don’t know.”
No one involved knows exactly how long a lawsuit over the accident will take. Many car crashes that result in a lawsuit are resolved in a couple of weeks, while others go unsettled for years as evidence is drawn out.
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Some cases may be drawn out for reasons unrelated to the case. Some lawyers use personal injury cases like this as a symbolic case of justice, or they might view a case in jeopardy as their reputation on the line for future clients.

No matter the circumstances, the only way to expedite a car accident lawsuit is to provide thorough, precise evidence that makes it clear to the jury and to the defense’s insurance company that the other driver was at fault. You must be able to prove that you sustained physical or mental hardships directly related to the crash. The more information you have at your disposal, the better. 

What Do You Do in a Minor Car Accident?

​If you are in a minor car accident, such as a small bump when backing out of a parking space or a minor car door ding, you should exchange information with the other driver, such as driver’s license number, contact information, and registration numbers. If the other driver is not present, you may either stick around to see if they come back to the vehicle, or leave a note with your contact information so they can reach out to file a claim for repairs if necessary.

“Mississippi applies the traditional at-fault system when it comes to car accident cases and insurance claims. If you got injured in a car crash, you have three options: (1) file a claim with your own insurance company, (2) file a claim with the other driver's insurance company, or (3) file a lawsuit.”

• Find Law

​According to Mississippi laws, (2) you are only required to report an accident if the accident resulted in the injury or death of an individual or incurred total property damage that exceeds $500. If the accident meets one or more of these requirements, it is no longer considered a minor accident and should be reported to the police through the fastest means available to you.

Still Asking Yourself, “How Do I Maximize My Car Accident Settlement in Biloxi?”

If you are on the fence about whether you need to hire a lawyer, you might be happy to learn that a lawyer can significantly increase the settlement amount you get approved for.
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There are hundreds of variables that go into each car accident, from the condition of each individual car, the local weather, time of the crash, and what type of injuries were sustained, if any. Insurance companies will take advantage of every legal loophole to pay out the smallest amount possible. A lawyer has experience with several legal loopholes and defenses against their use that can make the difference between a low settlement sum and a maximized car accident settlement in Biloxi. 

“Located in the heart of the Mississippi Gulf Coast, the Wetzel Law firm has been getting personal injury attorney clients the compensation they deserve since 1979.”

• Wetzel Law Firm

​If you want to maximize your car accident settlement in the Biloxi, MS area, then talk with the personal injury experts at Wetzel Law Firm about what they can do to help you get the money you are entitled to.
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Don’t let traffic get the best of you. Let the experts handle your case so you can focus on getting back to life as normal again, recovering from the injuries and emotional distress caused by the accident.

References:

1. NOLO
   https://www.nolo.com/legal-encyclopedia/is-there-car-accident-settlement-formula.html
2. FindLaw
   https://statelaws.findlaw.com/mississippi-law/mississippi-car-accident-settlement-process-and-timeline.html