Settling a Car Accident Case in Biloxi
When a car wreck case goes to trial in Mississippi, the car accident attorneys for the plaintiff are not permitted to tell the jury that insurance is available, and the injured party does not have direct actions against the defendant’s insurance company. That means when someone causes an accident because of their negligent conduct, the injured person has no choice but to make the at fault-driver the defendant in a case if they are unable to settle a claim pre-litigation.
Furthermore, when the case is tried in front of a jury, the lawyers are not allowed to tell the jury that the defendant’s lawyers are being paid by an insurance company, or that there is an insurance company paying any damages that may be awarded against the defendant. For these reasons and many others, settling a car accident case in Biloxi may be in your best interests if the possibility exists.
Why Pursue a Settlement?
The factors that influence an injured party’s decision to pursue a settlement include the amount and nature of their economic and non-economic damages, as well as the amount of available insurance coverage. Other factors that may influence this decision include:
- Amount of available coverage
- Venue where the case will need to be litigated
- History of jury verdicts
- Ideological views of the judges in the specific venue
- Court’s impression of the plaintiff
- Impact of the facts of the case on a reasonably anticipated jury
Additionally, from an emotional standpoint, there may be a benefit to the closure a settlement could bring compared to drawn-out civil litigation. In the same vein, there are no guarantees in litigation. It is impossible to say what a jury of one’s peers might decide, not to mention unrealistic to guess a judge’s ruling on evidentiary matters or dispositive motions. Sometimes, the court may even dismiss a claim prior to it being decided by the jury.
It is likewise impossible to say what an appeals court, the Mississippi Supreme Court, or the Mississippi Court of Appeals might do on appeal if the case is tried to a verdict and judgment and then appealed by the defendant or either party. There is a certain sense of finality in settling a car accident case in Biloxi that avoids the risks associated with any litigation.
How Long Does It Take to Settle a Car Crash Case?
The length of time it takes to receive a car crash settlement in Biloxi depends on the facts of the case, the nature of the injuries, and the extent of the required medical treatment. In general, it is appropriate to begin the settlement process when the plaintiff’s attorney has collected all the available evidence and can adequately demonstrate and represent the full extent of the victim’s non-economic and economic damages in order to make a settlement demand.
The attorney might know whether the case can settle for a fair and reasonable amount within 30, 60, or 90 days. It could be considerably longer if the injured person is undergoing extensive medical treatment. If the case does not settle pre-litigation and the injured person proceeds with litigation, the time for that process depends on the court.
In Biloxi, a case heard in the county court—which is a court for smaller claims less than $200,000—usually goes to trial within six to eight months. For larger claims heard in circuit court or in federal court, it could take 12 to 18 months or even two years to get to trial.
Potential Issues
When negotiating a settlement with the defendant’s insurance company, one should expect the insurance company to be very thorough in their research. They will likely know about any prior injuries the victim suffered and whether they were treated for similar injuries in the past. Sometimes, insurance companies look at social media for any public postings with a pictures or video that are inconsistent with the damages being claimed.
In light of this, plaintiffs should make sure they are completely honest in the presentation of their injuries and damages when settling a Biloxi auto accident claim. When the injured party first meets with the car accident attorney, they need to bring the names and addresses of their current treating physicians and any physicians who treated them for a similar condition in prior years. The attorney can help obtain relevant medical records and fully evaluate them.
How an Attorney Could Help with Settling a Biloxi Car Wreck Lawsuit
The most important step one can take to ensure that they receive their settlement in a timely manner is often to hire an experienced car accident attorney. A knowledgeable lawyer could fully inform you of your rights, help gather the necessary documentation and evidence to demonstrate all economic and non-economic damages, and apply the facts of the accident to Mississippi law to prepare the best possible presentation and maximize amount of recoverable damages available.
If you are thinking about settling a car accident in case in Biloxi, you should strongly consider speaking with legal representation first. Call today for a free initial consultation to get started.
