Dealing with Insurance Companies in Mississippi Personal Injury Cases
If you’ve been involved in a car accident in the Biloxi area, you may sue the other driver who hit you, but it’s more than likely that any money you collect will come from his insurance company. Insurance companies promise to represent drivers involved in accidents, and they have lawyers on their side who will fight tooth and nail to make accident cases go away or settle cheaply. If you’re planning to file a lawsuit in your car accident case, it’s important to understand some of these techniques used by insurance companies when depending cases.
How Insurance Companies Try to Avoid Paying Mississippi Claims
To understand how insurance companies try to avoid liability, you first have to understand how personal injury cases work. In Mississippi, a plaintiff suing for negligence must prove by a preponderance of the evidence that the defendant acted negligently, meaning that the defendant owed the plaintiff a duty of care, but acted in an unreasonable way to violate that duty.
Mississippi is a pure comparative fault state, meaning that if your actions were partially negligent ahead of an accident, it will reduce your recovery. This means that the most common tactic used by insurance companies in many cases is to argue that you had more to do with the accident than the defendant. The defendant may not be able to win the case this way, but it often results in the insurance company paying out less money to you, the injured party.
Another strategy used by insurance companies is to claim that the plaintiff suffered from a preexisting condition that led to the injuries he or she is claiming. Insurance defense attorneys will scour medical records for any hint of this evidence, but it’s important to remember that a previous injury alone is not enough to bar recovery. In fact, if an accident exacerbated a condition, you’re likely still entitled to recovery for the worsened injury.
If those tactics fail, an insurance company may simply stall. The insurer has a lot of money to spend on legal fees, and it knows that most accident plaintiffs need money quickly to cover their bills, particularly if the accident left them unable to work. Oftentimes insurance defense attorneys will continually request new documents or file motions to draw a case out.
This tactic can be especially effective for insurers if you try to take on a personal injury case by yourself, which is why it’s always a good idea to speak with an attorney about your options if you’re thinking about pursuing a personal injury case.
Hard Working Personal Injury Attorneys
The goal of any insurance company is going to be to pay out as little money as possible, no matter how negligently their driver acted. Insurance companies will lowball you or drag on your case for years to try to convince you to accept less money than you may be entitled to. That’s why you need attorneys on your side who understand how insurance companies work and who can you get a sizable settlement quickly. Contact The Law Offices of Judy Guice online or over the phone for a free initial consultation with a lawyer in Biloxi.