There must be 4 things present to to answer the question do I have a car wreck claim:
For example, if you are the victim of a car wreck, you must be able to prove that it was the other person’s fault. Next, you must be physically injured. There must be insurance coverage, money, or some assets to pay you when you win. Finally, you must bring your claim within the legal time limitation.
Liability is the legal term for “at-fault” or legally responsible. It must be the other person’s fault for the car wreck. In Mississippi, it can be partly your fault and you may still be able to sue the other more at-fault driver. This is called comparative fault in the legal field. If you are partly at fault, the amount you can recover will be reduced by the amount of your own fault.
“Damages” is the legal term for your injuries and losses. Damages include medical bills incurred from the car wreck, lost wages, and pain and suffering. These Damages also include the damage to your vehicle, called property damage. However, personal injury Attorneys don’t represent people with only property damage and no bodily injuries. The more you are physically hurt – the more your claim is worth.
The other at-fault driver must have some money to pay you for your damages. If the person has liability insurance, the insurance company has the necessary money to settle your claim or pay you when you win. A person with no money, insurance, or assets won’t be able to pay you even if you win. Like the ole saying goes, you can’t get blood from a turnip. This type person is what we in the legal field call “judgment proof.”
However, if the at-fault driver does not have insurance, and you have Uninsured Motorist coverage on your insurance policy, you can bring a claim with your own insurance company. For more on the different types of automobile insurance see:
In Mississippi, you have 3 years from the date of the car wreck to file a lawsuit against the at-fault driver. In Alabama, you have 2 years to file the lawsuit. Other states have different time limits. These time limits are called the Statute of Limitations. You are legally barred from ever bringing a lawsuit after the time limit has expired.
In short, it must be the other person’s fault, you must be hurt bad enough physically to make it financially worthwhile to bring a claim, and there must be some money available to pay you for your damages. You must bring the lawsuit within the legal deadline. If any one of these four things is missing, then you don’t have a personal injury car wreck claim that can be won.
Do I have a car wreck claim? If you have a personal injury car wreck claim and you would like to discuss it with one of our Accident Attorneys, call 601-202-1111 for a free and confidential initial consultation.
Pepper & Odom Law Firm