​Biloxi is a relatively quiet beach town with a lot of cultural sights, great food, and an excellent beach for relaxing along the Mississippi sound. Lawyers, law offices, and legal processes are the last thing anyone is thinking about when vacationing in this beautiful city.
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Unfortunately, accidents happen. Car accidents are common on the narrow, sandy streets of Biloxi, as distracted drivers take over the roads on their way to work or to the beach.

If you are the victim of a car accident, it does not matter where you are in the world, your life is turned upside down. When you are suddenly forced to navigate the murky waters of the legal process for car accidents instead of the blue waters of the Gulf, you might find yourself wondering what a car accident lawyer does.

Wetzel Law Firm is the premier choice for personal injury in Biloxi, MS, and the surrounding Gulf coast cities.

 
“For over 35 years, our family has been protecting locals injured due to the negligence of others. Healthy happy individuals make up this healthy happy community that we are proud to call home!”

• - Wetzel Law Firm

There is no argument from the locals that the Wetzel family truly cares about the community, protecting individuals from all kinds of personal injury cases, including car accidents.
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In this article, the Wetzel Law Firm presents the answers to several questions about the legal process involved in car accidents, what does a car accident lawyer do, and whether you need an attorney to represent you in your accident case.

What Type of Lawyer Deals with Car Accidents?

​You have probably seen advertisements for lawyers across Mississippi on highways and inner-city roads alike. When you get into a car accident, however, it can be difficult to recall the names and numbers on those billboards.
When you are in a car accident, what type of lawyer are you supposed to look for? If the accident caused injuries to anyone involved, a personal injury attorney is the most common choice.

Personal injury attorneys can offer you legal advice and consultation services in the event of a car accident. Personal injury attorneys are also experienced in how car accidents typically play out, whereas another type of lawyer might not have any experience with car accident settlements and lawsuits.  
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A personal injury lawyer’s job is to make sure that you receive the compensation you deserve from the pain and suffering caused by the car accident, no matter how severe the case may be. Some car accident cases settle without either driver ever needing to make a claim, and other car accident cases have been known to pay out over $100,000. The right lawyer makes all the difference in these claim cases, especially if either driver begins considering the possibility of filing a lawsuit.

What Does A Car Accident Lawyer Do?

So, what does a car accident lawyer do in the greater Gulfport area, and how can they help you with your car crash?

If the crash resulted in personal injury to you or a passenger, a personal injury lawyer can help you make a claim against the insurance company and even pursue a suit against the other driver. Under certain other circumstances, such as if you were hit by a drunk driver, a personal injury lawyer is advisable even if you were not injured in the process. These cases have special considerations that must be made for the other driver and almost always end up in a court trial or at the very least an investigation into the incident.

A car accident lawyer, also known as a personal injury lawyer, can help you succeed in getting the settlement sum you need to cover all medical expenses and vehicle repairs caused by the other driver’s negligence.

• Negotiating with the Insurance Adjuster

Your personal injury lawyer can help you negotiate with the insurance adjuster. This is the person who holds the pocketbook of the insurance company and determines how much your settlement is worth according to the other driver’s insurance.
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If you are handling negotiations with the insurance adjuster, it can be easy to let emotions and frustrations get in the way. A lawyer has a way of working around a problem and opening communications with the insurance adjuster, convincing them to consider a higher payout for your settlement based on the case details. (1)

“A good lawyer knows how much the case is worth and knows how to work the case and conduct the negotiations so as to get top dollar from the insurer.”

• Nolo

In short, if your lawyer has a good relationship with the insurance adjuster, you will have no problems getting the best payout from your settlement claim.
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• Acquiring Evidence of Liability

A tactic commonly used by insurance companies is claiming partial blame. If they can pin some amount of blame on you, it means their driver is not at 100% fault for the accident, therefore, they do not have to pay 100% of the settlement claim. This is where hiring the legal power of a personal injury lawyer really shines.

Acquiring the right evidence is key to solidifying your case and getting the most out of the insurance claim. Your lawyer may visit the crash site or work with other parties to obtain key information about the crash, such as businesses near the scene, the police report, and any other records that will help prove the other driver’s liability in the case.

• Acquiring Evidence of Damages

The insurance company may want to see evidence of damages done to your vehicle or injuries sustained from the crash. With all the requests for evidence from the other driver’s insurance, it’s a surprise you can rest and recover at all after an accident.

This is just one of the things a car accident lawyer does. They will take care of any evidence requests from the insurance company so you can focus on recovery. This includes images of your current injuries, medical records, images of the vehicle, and damage sustained to the frame, as well as any reports from the mechanic.

• Expediting Medical Record Requests

It can be difficult to get your medical records from a hospital, especially in busy Gulfport, where the medical staff always seems to be running one or two people short of a full office, and community care needs vary daily.

Your lawyer will also follow up on any missing or incomplete paperwork, helping you organize your medical records and bills. These records may be requested by the insurance company so they can prove that the injuries you sustained were indeed from the car crash, not pre-existing injuries according to your medical records. This is an important step in maximizing your settlement sum, as insurance providers will only payout for medical expenses incurred as a direct result of the crash.

• Negotiating the Settlement

Anyone who has ever tried to argue with a call center representative at the insurance company will agree that negotiation is indeed a skill. Your lawyer will help you negotiate the settlement price with the insurance adjuster.

• Provide Counsel

Your personal injury lawyer is more than a paper pusher. They can also provide you with counsel and legal advice specific to your situation. You can find generic advice online, but without knowledge of your individual case, it can be difficult to judge the outcome. (2) 

“One common piece of advice is not to provide a statement to the other driver's insurance company since it will simply look for ways to deny liability.”

• Enjuris

​Some of the advice your lawyer gives might come as a surprise, but insurance companies have a way of bullying information out of you or getting you to admit that it was your fault, even if it wasn’t. This extra bit of legal separation can help improve the outcome of your case.

Do I Need an Attorney for a Car Accident in Biloxi?

There are only a few instances where you absolutely need an attorney to help guide you through the process of a car accident. If anyone involved in the accident sustained injuries or if there were combined damages of $500 or more sustained to anyone’s personal property, such as the vehicles involved in the crash or items inside the vehicles.

Even if no one was injured, there may be special circumstances that require a lawyer’s counsel and help, such as in the event you are struck by a drunk driver or by a hit-and-run offender. These special circumstances have legal hoops that you will have to go through to help officials catch the offender.
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Even if no one was hurt in a car accident, having a consultation with a lawyer can put a lot of your fears aside and help alleviate any anxiety or uncertainty you are feeling about the incident. That peace of mind is worth paying for a couple of hours of the lawyers’ time, and if you need help in the future, you know who you can call. 

When To Hire an Attorney After a Car Accident in Biloxi

It is recommended that you seek legal counsel from a personal injury lawyer as soon as possible, since they may need to acquire fresh evidence to help your case. A lawyer can also advise you on what to say – and what not to say – to the other driver’s insurance investigators, helping you get the most out of your settlement sum.
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By Mississippi law, you have up to three years to file a lawsuit against the driver who was found at fault. You are not required to hire a lawyer within that time frame, but they will not be able to help you file a suit against the other driver if you no longer have the legal right to do so. 

Who Pays for the Attorney in a Car Accident?

You might be wondering who pays for the attorney in the end.

It is a tricky answer, and it can also depend on the situation you find yourself in.

You can attempt to ask for coverage of legal fees in the settlement case, but it will not likely be approved since the medical costs are already multiplied by a factor of two or three. In most car accident cases the lawyer works on a contingency basis. What this means, is that the lawyer does not get paid until you do, but the payment comes out of your settlement.

In other words, the insurance technically pays the attorney, but it comes out of your portion of what the insurance company owes you, so in the end, the responsibility of payment is on you. Be sure to ask your lawyer about how they want to get paid and if they work on a contingency or retainer basis for car accident cases.
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Most lawyers understand that you do not have the funds to pay them out of pocket, which is why they structure their fees the way they do, on a contingency or hourly basis. They are focused on getting justice for you, but they must also put food on the table at the end of the day. Do not be afraid to be upfront about what you can or cannot afford, or asking the lawyer for a more detailed explanation about how their fee structure works. 

How Much Does a Car Accident Lawyer Cost in Biloxi, MS?

​When the insurance company pays your settlement out, your lawyer will receive a percentage of the sum, ranging anywhere from 20-50% of the total. The exact percentage depends on the lawyer, as well as the difficulty and severity of the case. (3)

“Whenever your lawyer’s share is 33% or more, the IRS treats you as receiving all the money and simultaneously paying your lawyer. You may only be entitled to a miscellaneous itemized tax deduction for the fees.”

• Robert W. Wood

​When you hire a car accident lawyer on a contingency basis, it is important to retain any record of their payment as well as the settlement sum from the insurance company. You will need these records when you file taxes at the beginning of the year. In most cases, the IRS does not consider the lawyer’s fees when you receive the settlement sum; they assume that you received the settlement sum, and only then did you pay the lawyer’s fees. This might not make much of a difference to your wallet, but it can impact your end-of-year tax preparation.  

What is the Average Settlement for a Car Accident?

The national average for car accident settlements sits somewhere around $21,000 for severe car accidents with at least one major injury or multiple people in the vehicle. Often, if minor injuries are sustained, then you might expect to receive no more than $10,000.

On the other hand, this average can swing to the other side with more severe accidents that result in permanent injury or a fatality, reaching settlement sums of $50,000 or more.
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Every settlement is limited by the other driver’s policy maximum. The insurance company will only insure a driver up to a certain dollar amount of liability. Once that limit has been reached, the only way the victim of a car crash will be able to receive more money to cover their expenses is by filing a lawsuit against the other driver directly.  

How Much is My Car Accident Worth in Biloxi, MS?

When estimating how much your car accident settlement is worth, it important to talk to a lawyer about the specifics of your case, rather than finding generalized information online.
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Each case settlement is calculated based on hundreds of variables, including verbal statements and the extent of the pain and suffering endured as a result of the accident.

It can be difficult to put a number to some of these variables, especially if the injuries are emotional or mental. This, however, is the job of the insurance adjuster, and only your lawyer can help you estimate what you will receive.

Talk to a Lawyer from the Wetzel Law Firm Today

Are you looking for advice from an experienced personal injury lawyer?
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Have you been injured in a car accident in the Biloxi, MS area?

Whether you were the victim of a car crash or involved in a hit and run or drunk driving incident, the Wetzel Law firm can help you.

No other lawyer along the Mississippi gulf coast serves residents with the same pride that the Wetzel Law firm does. Book your consultation with Biloxi’s premier choice for personal injury law today and get your peace of mind back. 

References:

1. Nolo
   https://www.nolo.com/legal-encyclopedia/how-attorney-can-help-with-your-car-accident-claim.html
2. Enjuris
   https://www.enjuris.com/personal-injury-law/what-personal-injury-lawyers-do.html
3. Forbes
   https://www.forbes.com/sites/robertwood/2012/08/30/three-rules-for-hiring-contingent-fee-lawyers/#5dc380e42b4c