It is always surprising how quickly your life can turn upside down after a car accident. Most car accidents in the Mississippi Gulf Coast region are caused by distracted or drunk drivers who fail to obey the laws of traffic.
The driver at fault might find it easy to check their cell phone when they are driving down the same highway on the way to work every day, or ignore a speed limit or merge sign until the last minute, but these traffic laws and warnings are in place for a very real reason.

Car accidents can range from a small bump that barely scratches the exterior of the car, resulting in vanity damage, to a serious accident that results in totaled vehicles and severe injuries or death.

No matter how severe the car crash is, the case must be resolved with the utmost care and attention to detail, which is why many people choose to hire a lawyer. Even a consultation session for minor crashes can help guide you through the case and provide advice and reassurance over any concerns you have.

For more complicated or severe cases, however, hiring a lawyer might be the best course of action to ensure you get the most favorable outcome possible in lawsuits and trials that arise from the accident.

In this article, the experienced personal injury lawyers at Wetzel Law Firm, proud car accident attorneys, help answer a basic question that many people ask after a crash in Gulfport:

Is it worth getting a lawyer after a car accident?
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Learn how your case might be different with and without a lawyer, what the average settlement price is, what timeline you can expect from an accident case, as well as whether it’s worth hiring a lawyer for your particular accident.

Is it Worth Suing After a Car Accident?

There are several where it is worth suing after a car accident. In other instances, it might not be worth the hassle or could put you in a bind if you are found at fault for the collision. So, is it worth getting a lawyer after a car accident in Gulfport, and should you pursue the legal fees and time it takes to sue the other driver?

Let’s walk through a couple of scenarios that assume you were not found at fault, making you the victim of the car crash:

If the car accident was severe enough to sustain injuries, you might file a claim against the other party’s insurance company. This settlement will cover, on average $21,000 worth of claims and can easily cover minor injuries, as well as some lost wages and personal distress.
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In the case that you have sustained more injuries and personal losses than that settlement will cover, you can ask for more, but the insurance company may not offer a reasonable amount to cover all of your damages. In this case, you might pursue a lawsuit targeting the other driver personally.

“If your lawyer believes that your case is worth significantly more than what the insurer is offering, and it is unlikely that the insurer will increase its offer in pre-suit injury settlement negotiations, then it is time to file a lawsuit.”

• David Goguen

If the settlement amount is within the range you are willing to settle for, it is wise to take the settlement and do your best to return to life as normal.

Of course, there are policy maximums in place for every insurance company. This policy maximum sets a limit to ensure that the insurance company does not go out of business paying victims of car crashes millions of dollars with every case. In this case, a split approach may be taken.
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For example, if your settlement case determines that you have sustained $53,000 in pain and suffering, but the insurance policy’s maximum payout is $20,000, then you are going to get a maximum of $20,000. In this case, you can take the settlement money and file a separate suit against the driver individually for the remaining $33,000. 

What If I Was At Fault?

If you were at fault in a car accident, you will be liable for any damages and injury incurred to the other driver and their property. There are a few examples of cases where the driver at fault was able to win a lawsuit. These cases largely relied on the defense not having substantial evidence of injury and were unable to prove that they were not at fault.
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Any suit that does not have substantial evidence for why you might be entitled to the money in the case may wind up backfiring and causing you to become liable for the defense’s injuries and damages incurred. If it is found that you were indeed liable for the accident and are filing a false suit, you may face additional fines.

Is It Worth Getting a Lawyer After a Car Accident in Gulfport?

It can sometimes be difficult to determine if your accident requires the help of a lawyer. If you are ever in doubt of whether the legal process is being followed or if you need to file a claim for a large settlement, it is always recommended to hire an experienced personal injury lawyer like the attorneys at Wetzel Law Firm.
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You will almost certainly need a lawyer if you are at fault in a car accident that causes severe injuries, such as broken bones, death, or severe damage to the other driver’s property.

Of course, no lawyer would be able to keep their doors open if they worked pro bono, so it’s important to determine what the cost of your case would be and do the math to decide whether the court case would net any reasonable amount above the attorney’s fees.

For example, if you are trying to claim $5,000 for an injury, but the law office might require $2,500 of that for the lawyer’s fees. In this case, you will need to make sure you can at least get $7,500 out of the claim settlement.
Some situations do not warrant a lawyer, such as circumstances when the crash was minor and there were no injuries, (2) or if the insurance company is working with you for a settlement that you feel is fair.

“Just be careful making this judgment of “no injuries” yourself. What may seem relatively harmless at one point may turn out to be an issue later.”

• Enjuris

In any case, if you are unsure about whether you should hire a lawyer, you do have the option to hire an attorney for legal counsel as you work your way through the details of the car accident.

A lawyer can help inform you of legal loopholes the insurance company may try to use, and what to say insurance case investigators to get the most out of the settlement without being dishonest.

There are often details that victims of car crashes think are too minor or too much or a nuisance to bother with, but not mentioning these details can harm your case if you try for a settlement.

Consulting with a lawyer, even if you do not need to hire one, is one of the best ways to alleviate anxiety over the situation and give yourself the best chance of success.
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In addition to these benefits, having a lawyer on retainer who already knows the details of your case is a clear advantage in the case of any surprises that might arise out of the case.

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

There is a limit to how long you have if you want to acquire help from an attorney and file a claim against the at-fault driver’s insurance company or pursue a personal lawsuit against the driver. This timeframe is called the statute of limitations, and after that period, you lose your right to file a claim.
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All pain and suffering incurred by another driver may be compensated for under an insurance claim, and the insurance company must respond with their own investigation into the matter and provide an amount they would be willing to pay based on their investigations and the evidence you present. From there, the negotiations between the two parties begin until they reach a settlement.

In Mississippi, this timeframe is three years from the date of the accident. This applies to anyone involved in the car accident, whether they were in a vehicle or not at the time.

Three years might seem like a long time, but the legal process can be slow, and injuries related to the crash can take time to recover from, or new injuries may appear due to the initial injury. This provides enough time for you to pull any necessary evidence together for the insurance company’s claim investigation.

You have until the end of this three-year statute of limitations to hire a lawyer to represent you for the accident, however, it is best if you hire a lawyer as soon as possible after the accident to help guide you through the process.  

Can I File an Insurance Claim Without a Police Report?

If you are the victim of a car accident in Gulfport, you might be in the process of navigating the murky waters of insurance companies. It might seem like this process is unnecessarily complicated, but the insurance company needs as much information as possible to investigate the case on their own should they be required to pay a settlement.

In Mississippi, you are not required to have a police report when you file an insurance claim. Having a police report on hand, however, does help speed up the claims process. If the report shows the other driver is at fault, it can also help increase how willing the insurance company is to deal with your case.
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A bad driver is a bad reputation for the insurance company, so police reports help immensely when filing an insurance claim, especially when the case is severe or more complicated, such as when there is a fatality involved in the crash or more than $1,000 in property damage.

A police report can also help validate any information about damages and injuries sustained as a result of the crash, further proving any injury reports from medical staff provided as additional evidence after the claim has been filed.

Without a police report, additional evidence you provide, such as medical records, medical bills, images of the crash scene, car repair quotes, and other receipts and descriptors of the accident may be brought into question, and a partial-fault case might be argued by the insurance company, lowering the amount they are willing to compensate without further proof. 

What Do I Do After a Car Accident in Gulfport, MS?

When you are involved in a car crash, it can be difficult to keep your senses about you. Fortunately, there is a series of steps that you can do to help focus your adrenaline and keep your mind occupied:

Check for Injuries
The first thing you should do after a car accident in Gulfport is take a deep breath and take stock of the situation. Are you or any passengers in the car injured? If you or any passengers are injured, you should call 911 immediately and await medical care responders. If not, and the vehicle can run, you should move the car to the side of the road.
If you can’t move the car to the side of the road, but you can move, you should turn the car’s hazard lights on and place flare signals or emergency cones in a wide arc around the crash site to help preserve the evidence.

If the other driver is not yet present, the next step is to check their vehicle to make sure they were not injured in the crash. If injuries are present, or if they are unconscious, an ambulance should be called immediately.
 
Take Pictures of the Scene
It can be tough to remember this one in the moment but taking clear, steady pictures of the crash site and the current state of each vehicle from different angles can be crucial in any defense claim that follows.
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This evidence will help prove who is at fault and can help you dispute any wrong information. Get as many angles as you can and as many detailed photos as you can; the more information, the better. Remember to remain safe and not to put yourself in harm’s way to collect evidence.
 
Exchange Information
You should get the other driver’s name and contact information, insurance details, registration number, and driver’s license number if the police have not already shown up to handle the report. Likewise, the other driver will need to obtain this information from you, so you should have it ready. This is information you will need when filing a claim and can help you cover your basis if a lawsuit arises in the future.
 
Call the Police and File a Report
If a police officer has not arrived on the scene on their own, which is common in high-traffic areas, they will need to be called out to assess the damage and file a police report. The police officer will investigate the situation and take statements from both drivers. In cases where the fault is clear, they will include who is at fault for the accident and write a citation for any traffic offenses.
 
Get Your Car Towed
If your insurance provider covers roadside assistance, you can call them to get a tow truck to the scene of the crash and tow your car to a local mechanic. The mechanic will be able to tell the extent of the damages to your vehicle and how much the repairs will cost, or if the vehicle has been totaled. Save the receipts to any repairs, as you can claim these damages against the at-fault driver’s insurance.
 
Notify the Insurance Company
You should notify your insurance company of the accident as soon as possible so they can prepare for the investigation from the other driver’s insurance and start and investigation of their own. Provide as much evidence and information as you can to help speed this process up.

Tak to the Personal Injury Lawyers at Wetzel Law Firm Today

​If you are the victim of a car crash, you may be entitled to compensation from the insurance company for crashes that occurred within the last two years.
You can count on the personal injury attorneys at Wetzel Law Firm who will be there for you. Book an appointment with a local Gulfport, MS lawyer today to discuss what your claim is worth.  

References:

1. NOLO
   https://www.nolo.com/legal-encyclopedia/reasons-to-file-a-car-accident-lawsuit.html
2. Enjuris
   www.enjuris.com/personal-injury-law/attorney-not-needed-after-accident.html