Resources

What should I do after a car accident?

Immediately after an accident:

• Call 911 and report the accident;
• Do not move the vehicles in question until instructed by law enforcement;
• If possible, get the names and contact information of any person who you believe may have witnessed the accident; 
• If possible and your injuries do not prohibit you from doing so at the accident scene, take numerous photographs of the vehicles and the accident scene, or get someone else to take photographs. Make certain that you can tell the vehicles' location in the road from at least some of the photographs. Photograph the vehicles' location in the road, the damage to the vehicles, any skid marks or other marks in the road created by the vehicles and their location in the road, and any debris from the crash (pieces of automobile, etc.) and its location in the road. The more pictures, and the more angles the pictures are taken from, the better. If your injuries prevent you from doing this, return to the scene as soon as possible and photograph all that is possible that is mentioned above;
• Seek medical attention immediately after the accident. In some instances, you may only feel "shaken up" at the time. However, many injuries, such as spinal disc injuries or soft tissue injuries, worsen with time. Oftentimes, things that appear minimal at first, such as tingling in fingers or toes or minor stiffness or headache, are signs of more serious injuries. Even car wrecks occurring at very low speeds can cause injuries -- and in some instance injuries that are serious in nature and only fully manifest themselves over time; 
• Describe truthfully and completely each and every symptom that you have to your doctor. This includes anything that is abnormal, such as blurred vision, ringing in your ears, tingling, etc.; 
• Follow your doctor's advice. Get any prescriptions filled that are prescribed and follow-up as ordered.
• Contact a personal injury attorney as soon as possible after the accident.

Following the day of the accident:

• If you are having problems, make a list of them when seeing your doctor so that you describe them as thoroughly as possible. Undergo all treatment that is recommended and do not miss any appointments or therapy sessions; 
• Never give an oral statement to anyone other than law enforcement. Oftentimes, the other driver's insurance company will try and obtain a statement from you. Under no circumstances should you speak to the other driver's insurance adjuster about the accident or your injuries without first consulting with a personal injury attorney. 
• Report the claim to your own insurance company within the time stated in your policy of insurance. If you have injuries, convey those to your insurance adjuster, or if you haven't been diagnosed with injuries but are suffering from pain, describe the pain to your insurance adjuster;
• Maintain a calendar of post-accident events and problems you had since the time of the accident, keeping notes on a daily basis. Make note of each visit for treatment or therapy, and keep records of days that you were unable to work. 

Do I need an attorney?

You may believe that you do not need an attorney to represent you, because the insurance adjuster is discussing settling your case quickly. Be aware that an insurance adjuster is a professional who has received much training in negotiating claims, and in many instances, the adjuster's promotions and advances within the company are driven by his or her ability to pay you less than your claim is worth.

There are some instances where you do not need an attorney. For instance, if you've been in an accident but have suffered no injuries and have only property damage, you generally do not need an attorney to handle your claim. On the other hand, if you have been injured, hiring an attorney that deals with personal injury claims is advisable.

The longer you wait after an accident to hire an attorney, the longer the insurance company has to start building their case against you. If you've been injured in an accident, you should contact The Hamilton Law Firm immediately and let us help you from day one.

Do I have to pay anything up front in order to hire an attorney to represent me in my personal injury claim?

We operate under what is called a "contingency fee agreement," meaning that we are paid an agreed upon percentage of the amount that we recover for you. If there is no recovery, we charge no fee. And you pay nothing up front.

The insurance adjuster has said that their offer to me is the most that they are going to pay on my claim and that if I get a lawyer, that will only reduce what I'll recover. Is that true?

Contrary to what insurance adjusters will tell you, statistics have shown that persons injured in accidents that choose to hire an attorney to represent them in their claim typically recover more than the insurance companies best offer to an unrepresented person, even after taking into account the portion paid to the attorney. In fact, one of the largest insurance company's own internal documents, which were recently ordered by a U.S. court to be released to the public, show that the insurance company at issue found that "[attorney] represented claims settle for 2-3 times more than unrepresented claims."

The insurance adjuster claims that I'm not really hurt, but I'm dealing with pain. Should I just take what they're offering?

There are many things that adjusters do to discourage you from seeking the assistance of a lawyer. Some of them are:

• Rushing to settle your bodily injury claim while you are still being treated by the doctor
• Telling you that you don't need a lawyer because you're not going to get any more in settlement or if you go to court.
• Telling you that a lawyer is just going to charge you a third or more of your settlement and that you would end up getting more for yourself if you settled without a lawyer
• Trying to shift the blame for the accident to you when you aren't at fault, or trying to put more of the blame on you that is yours
• Telling you that your injuries aren't serious and that your "soft tissue" case isn't real because these injuries don't show up on an MRI or an X-Ray
• Telling you that because the damage to your vehicle was minor, you can't possibly be injured

These are all tactics that insurance adjusters use to bully injured individuals into settling their claims for less than they are worth. Don't let the types of comments keep you from seeking professional representation.

Adjusters are in the business of "adjusting" -- or, put differently, minimizing -- claims. Their goals are to maximize the insurance company's profits, which means to settle your claim for less than it is worth. A personal injury attorney knows how to combat these tactics and how to maximize your settlement. Contact The Hamilton Law Firm and let us fight the insurance companies and big businesses to help you get the settlement that you deserve.

Why should I carry uninsured / underinsured motorist coverage on my automobile insurance?

Mississippi law requires that every driver maintain insurance of at least $25,000 in liability coverage per person and $50,000 in liability coverage per accident in the event that more than one person presents a claim to the liability insurer. However, liability coverage only protects you if you are the person who is deemed to be at fault in an accident, and it only offers you protection from being exposed financially up to the liability limits of your policy. Liability coverage on your own policy provides you with no protection whatsoever for damages that you suffer due to the fault of another driver.

Assuming that the at-fault driver carries the requisite minimum limits of $25,000 in liability coverage, in many instances, this amount is insufficient to cover your damages when you're involved in an accident. If the person who is at fault carries liability coverage that is less than the damages you incur, this can leave you under compensated so that you actually end up being held financially responsible for things such as medical bills that exceed the amount of the other driver's liability insurance. This is especially true in light of the skyrocketing cost of health care, where it is not uncommon for an overnight hospitalization to cost you upwards of $10,000 without even taking into account the physicians' fees and testing or imaging that may be required in your treatment. Also, you must take into account any lost wages, future medical treatment that may be required, and compensation to offset the harm that you've suffered. It is easy to see how being involved in an accident can quickly result in damages in excess of $25,000.

And unfortunately, it is not uncommon to encounter a situation where the other at-fault driver has failed to comply with the law and is entirely uninsured. If this is the case, the only way that you will be compensated for the costs of your past medical treatment, lost wages, future medical treatment, and any compensation to offset the effects of the accident on you will be through UM coverage.

Simply put, the only way to ensure that your interests are protected is to secure your own uninsured / underinsured motorist coverage. Uninsured motorist coverage, or UM coverage, and underinsured motorist coverage, or UIM coverage, is purchased by you and is a part of your own automobile insurance. Uninsured motorist coverage and underinsured motorist coverage provide with you a means to recover for your damages in the event that you are you are involved in an accident with a person who has failed to secure liability insurance or that has liability insurance in an amount that is insufficient to cover your losses.

We have all heard the catch phrase of "full coverage" insurance. And such a term would leave you to believe that you are covered for your own losses in the event you are injured in an accident with another driver who is at fault. However, this could not be farther from the truth. Full coverage insurance simply means that you are being provided the minimum limits that are required by Mississippi law. Your insurer is not required to provide with you UM / UIM coverage in Mississippi -- they are only required to offer it to you. So full coverage insurance is really a misleading label for what should be called "minimum coverage." And while an insurer in Mississippi is required to offer this coverage to you, more often than not, the insurer fails to explain what the coverage is or why it is needed. Instead, they simply present you with what is called a waiver of uninsured motorist coverage. By signing this form and waiving or rejecting UM coverage, your own insurer is not required to compensate you in the event that you are injured in an accident with an uninsured or underinsured motorist. While accepting this coverage does require an additional premium charge, the benefits to you in carrying such coverage far outweigh the costs of not carrying UM/UIM coverage. 

For these reasons, it cannot be emphasized enough the importance of securing uninsured / underinsured motorist coverage to protect you in the event of an automobile accident.