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Most people never see it coming. The adjuster sounds friendly. They ask how you're holding up. Sometimes they rush a check over before you've even left the doctor's office. That first offer is almost never close to what your claim is actually worth.
We see this play out regularly in Gulfport. Someone gets rear-ended near the Crossroads or out on Highway 49. They're sore, but still getting around. The other driver's insurance company calls within days. Sometimes it's hours. They offer a few thousand dollars to put things behind you. It feels like the problem is going away. You sign, cash the check, and move on. Then two months later, your back is worse. An MRI shows a herniated disc. Now you're staring down months of treatment, and you already signed away your right to ask for more. That's the core risk of settling a personal injury claim on your own. You're locking in a number before you know the full picture. |
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This is the part that catches most people off guard. The adjuster sounds reasonable. They may even seem sympathetic. But their job is to close your claim for as little as possible. Every dollar they save goes back to their employer. They do this every day. You're dealing with an injury.
Think about what that mismatch really means. You don't have access to medical experts who can project your long-term care costs. You may not know how pain and suffering damages are calculated under Mississippi law. You may not even know which damages you're entitled to ask for. We've sat across the table from adjusters for decades here on the Gulf Coast. The playbook doesn't change much. |
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Most people in Gulfport don't think about this until it's already working against them. Mississippi follows a pure comparative fault rule. That means the insurance company can reduce your payout based on how much blame they can attach to you.
Say you were in a car accident on Highway 49 near the Crossroads area. The other driver ran a red light. But the adjuster argues you were going five miles over the speed limit. They put 20 percent of the fault on you. If your total damages are $100,000, that 20 percent drops your recovery to $80,000. When you're settling directly with the insurance company, the adjuster is the one setting that fault percentage. There's no judge. No neutral party. The adjuster works for the insurance company, and their job is to bring the number down. |
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Under Mississippi Code Section 11-7-15, you can still recover damages even if you're found 99 percent at fault. That's what makes Mississippi's rule "pure" comparative fault. Some states cut you off at 50 or 51 percent. Mississippi doesn't.
The real question isn't whether you get anything. It's how much gets trimmed before you see a check. If you're rear-ended on Pass Road during afternoon traffic. Looks like a clear-cut case. But the adjuster spots a brake light that was out on your vehicle. Now they're assigning you 10 or 15 percent fault for a maintenance issue. On a $50,000 claim, that shift costs you $5,000 to $7,500. |
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©2026 Wetzel Law Firm
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James K. Wetzel is licensed in Mississippi. Garner J. Wetzel is licensed in Mississippi and Louisiana.
Free background information available upon request. Wetzel Law Firm on the Internet |
1084 Judge Sekul Ave D
Biloxi, MS 39530 (228) 273-4883 [email protected] 3004 Bienville Blvd Ocean Springs, MS 39564 [email protected] |