Information for people injured in Mississippi from a Gulf Coast law firm with lawyers that handle personal injury claims in South Mississippi.
Gambrell & Stone, PLLC limits its practice to consumer fraud, personal injury, worker's compensation, social security disability claims, and bankruptcy. The links on the in the column to the left will lead you to information about our attorneys or to information about each of the areas which we handle. We have attempted to provide answers to frequently asked questions in each of these areas and links to other sites which can provide information about bankruptcy and social security. However, if you have a question that is not answered, please feel free to contact us by phone, mail or our message center. Before reviewing the information contained herein or using our message center, please read the disclaimer concerning information on this site and email transmissions.
For FAQs in the area of personal injury, see below:
Introduction
Carol Cross Stone is the attorney in the firm that handles most of the personal injury claims. However, in almost all cases that go to trial, two attorneys participate in the trial. Usually, those attorneys are Robert Gambrell and Carol C. Stone. Most of our clients live in the six (6) southernmost counties in the Mississippi.
When you or your family member sustain an injury as a result of the negligence of another party, you are entitled to receive monetary compensation. Personal injuries can occur in many ways. Some examples include automobile accidents and injuries in a business location, in someone's home, on the job, or through the use of defective products.
Gambrell and Stone, PLLC is committed to helping individuals, regardless of how large or small the case. You should remember there is no set award in Personal Injury cases. Instead, each case rests on its own merits. We will definitely strive to collect a fair award on your behalf.
If you or someone close to you is injured in any way, see an attorney immediately for advice. This should be done whether you believe the injury is permanent or not. If contacted by an insurance company, do not agree to a tape recorded statement or sign anything without first consulting an attorney. Remember even though the company representative seems to be nice, he or she is being paid to protect the rights of the company not you, and the insurance company will use anything you say to save it as much money as possible.
We often have clients inform us that they have full coverage, which can mean minimum limits in each area of available coverage and sometimes even less. On a number of occasions, our clients have been surprised to find out that their insurance was insufficient to even cover their medical bills. Many of our clients have discovered they were insuring others for as much as $100,000.00 but only had $10,000.00 in coverage for themselves if they were injured in an accident caused by an uninsured motorist. For our clients, we provide a free automobile insurance review, so you may determine exactly what coverage you have with your insurance company and what type of coverage you may need. In many cases added coverage at a small cost can make a great difference when you incur medical expenses as the result of an accident. Make an appointment today for a free review. Please bring the declarations page of your insurance policy describing your coverage to insure you have adequate protection.
For address, telephone, fax number or e-mail, see our main page.
Frequently Asked Questions
What Should You Do If You Are In An Auto Accident
More Frequently Asked Questions
1. Calling the police
Call the police, particularly if someone has been injured. A police report of the accident will help your own insurance claim and will provide the basis for any liability claims. Ask the officer how to get a copy of the accident report and note the officer's name and badge number. If you receive a traffic ticket, it does not mean you are guilty of a traffic offense or that you are responsible for the accident. Be aware that you may hurt your claim for damages from the other driver if you plead guilty. Consult a lawyer and before pleading guilty to any traffic offense that resulted in an injury to you or others.
2. Exchanging information with the other driver
Exchange information with the driver of the other car. You should get the following information:
You should also make notes about the time of day, weather conditions, road conditions, street lights and length of skid marks. Also make a diagram of the accident scene noting the location of the vehicles, cross walks, stop signs and traffic signals, etc
3. Do not admit responsibility
When you exchange information with the other driver and give facts to the police, don't admit responsibility for the accident. Things that you say can be used against you if there is litigation. You may think that you were responsible for the accident and later learn that the other driver caused it or that the other driver was equally at fault.
4. Towing your car
Before you allow a tow truck driver to pick up your car, be sure to ask the driver how much it will cost and tell the driver where to take your car. Get the name, address and telephone number of the driver and the towing company.
5. Seeing your doctor
Both you and your passengers should consider seeing a doctor after an accident. The doctor may recognize injuries, sometimes serious, that are not apparent to you. The charges for a doctor visit and medical treatment may be covered by your insurance. Don't settle claims from the accident until your doctor has advised you about the extent of your injuries.
6. Notifying your insurance agent
Call your insurance agent as soon as possible after an accident. Your insurance company may have grounds to deny coverage if you fail to give prompt notice of the accident. Follow up the phone call with a written notice and save a copy for your files. The written notice should contain information about the date, time and place of the accident, with names and addresses of the other drivers, injured persons, passengers and witnesses. If you were at fault, your liability insurance should pay for any injuries or property damages incurred by others as a result of the accident. If the other driver is at fault but does not have insurance, your insurance may pay for damages to your car (collision coverage), your medical expenses (medical payment coverage) and even for your pain and suffering (if you have uninsured motorist coverage).
7. Calling a lawyer
If you are considering a lawsuit, or expect one to be brought against you, or if you received a traffic ticket, a lawyer can advise you of your rights and responsibilities. The sooner you call a lawyer the better, since witnesses may forget the details of the accident. Your lawyer can counsel you on how to respond to questions from insurance adjusters and help you recover compensation for your personal injuries and damages to your car.
8. What Type of Automobile Insurance Should I Have?
Many of my clients have questions about what type of Automobile Insurance Policy coverage they should have. I hope I can answer some of your questions about Uninsured Motorist, No Fault and Medical Payment coverage. Everyone should carry Uninsured/Underinsured Motorist coverage ("UM"). Despite what insurance representatives may tell you, UM is one of the most important types of coverage you can have. If you are injured in a car accident by someone with no insurance the UM is there to compensate you. You should carry "stackable UM" on all vehicles you own. You should never sign any rejections or waivers of UM.
You should carry the Medical Payments provision ("Med Pay"). This is added financial protection in the event you or a loved one is injured in an accident. Remember, you cannot afford to be unprotected.
For further advice about your insurance needs please feel free to contact our office at (228)388-9316 or email gambrell@gulfcoastlawyer.com.
9. Why Should I Wear My Safety Belt?
As attorneys, we often help people make important decisions. Perhaps the most important decision you make everyday is whether to use your safety belt. This is an important decision because one second can change your life forever. In fact, most car collisions last only 1/10th of a second. That's too fast for a human being to react, but it's not too fast for your safety belt which can activate in less than 1/100th of a second.
A collisions at 15 mph can kill an unbelted passenger. That is because in a vehicle collision there are actually two different impacts. The first is when your car hits something, the second is when your body hits something. Motor vehicle accidents are the leading cause of injury and death to children. That's why children must use belted car seats.
Failure to wear safety belts can affect both your insurance coverage and even prevent your recovery of money damages in a law suit. This is because in Mississippi there is a legal concept called "comparative negligence."
Comparative negligence means if you have contributed to the severity of your injuries, then compensation for medical expenses, pain and suffering and lost wages can be severely reduced or even eliminated.
For example, you have been in an accident caused by someone else, but you were not wearing your safety belt. You were badly injured so you sued that person to recover money damages for your injuries. In court at trial, the jury decided that because you were not wearing your safety belt you were 50% at fault in causing your injuries. Therefore, your money award was cut in half. If the jury had found you were 100% at fault because you were not wearing your safety belt, you would have received nothing.
Drive safe, drive smart, buckle up before you start.
10. What Do I Do If I am Injured?
Sustaining an injury is a traumatic experience. If you or a loved one has been injured in an accident, you should consult an attorney experienced in these matters who can explain your rights under the Mississippi law.
11. Who pays for my medical bills and time lost from work?
If you have been injured due to a slip and fall or a faulty product and have health insurance, the health care providers can bill your health insurance. Then in turn, what your health insurance company will do is to place a lien on your case so that they may be reimbursed by your third party claim. This puts the burden of paying for your health care on the party responsible for your injuries. Your health carriers right to recover these funds is called its subrogation rights. Additionally, a claim for lost wages will be made on your behalf for any lost wages you have incurred. In some cases, the health carrier will waive a portion or all of its subrogation rights.
If you have been injured in an automobile accident, your health care providers can be paid by the med pay coverage portion of your automobile policy or by your health insurance. Different companies have different policies concerning reimbursement of the payments made. Thus, the advice of one of our attorneys in deciding which company should be used to make the medical payments when you have the option of choosing.
12. Who pays for the damages to my car?
If you carry comprehensive and collision coverage, your insurance company will repair your vehicle and usually collect the "deductible" from the party at fault.
13. I received a ticket in my accident. Does this mean I have no claim against the other driver for my injuries?
Even though you received a ticket for the accident, you may still collect damages against the other driver if the jury determines that the accident was partly his fault. This is known as comparative negligence and will be more fully explained by your attorney.
14. The people who hit my car have no insurance. What do I do?
When you are injured at the hands of an uninsured motorist you may be able to collect from your own insurance company through the uninsured motorist benefits which by law must be offered to you when you purchase automobile liability insurance. Your attorney will need to examine your policy to determine the availability of this coverage.
Collecting damages for accident injuries can be difficult and confusing. Please remember that insurance companies want to save money when they pay claims. On the other hand your attorney will want to collect every possible dollar to compensate you.
15. Why do I need an attorney?
You need an attorney because you need someone who will represent you and look out for you best interests.
Any negligence claim whether a car wreck, slip and fall, dog bite or professional malpractice is assigned to a claims adjuster for the insurance company who will decide if or how much you should recover for your injuries and damages. The claim agents loyalty is to his or her employer not you. In many cases, the claims adjuster is friendly and seems to be working for your best interest; nonetheless, the claims agent is not working for you. There are many tricks that claims agents use. Pitfalls that can create, can damage or destroy your ability to recover.
16. When should I hire an attorney?
You should hire an attorney as soon as possible after the incident which caused your injury. In most cases, the person or corporation who caused your injury contacts their insurance carrier who immediately dispatches their investigators. This team of insurance representatives obtain statements from potential witnesses and when necessary employs accident reconstruction and other experts. These people can manipulate facts and persuade witnesses. You should fight fire with fire by immediately hiring an attorney to investigate your case and hire experts who will look at your case objectively.
17. When should I see a doctor for my injury?
As soon as you begin suffering symptoms. If you suffer symptoms at the scene of a wreck or fall you should tell the investigating police officer or a supervisor. You should then present yourself to an emergency room of the local or nearest hospital for evaluation. If your symptoms persist, you should seek medical care from a doctor you trust. Your only focus is to obtain medical care to help you get better. Let the lawyer worry about the legal details.
Never allow the insurance carrier or their representative to choose your treating doctor for you. Some physicians have a bias against lawsuits or favor the insurance carrier or employer.
18. How do you evaluate my claim?
Your claim is evaluated based on the seriousness of your injury, the medical evidence supporting or communicating the injury, and how the injury disrupts your ability to work, play, and participate in everyday activities.
Evaluation of a personal injury claim involves a little science and a little art. The science is based on knowledge of jury verdicts in your area for similar type injuries. Our office uses a the services of a company which reviews jury verdicts nationwide and provides assistance in placing a value upon a case. However, it is dangerous to simply rely on comparison to other jury verdicts as you cannot "color code" cases. This is the art of evaluation. Every case is different. Experienced personal injury and trial attorneys can properly assess the unique facts about you and your case.
Many insurance claim agents and inexperienced attorneys talk about the "rule of three". They evaluate claims based on "three times your medical bills". This is wrong. No rule of "three times medical bills" exists. Rarely and usually only by coincidence is a settlement "three times the medical bills". Many times, an evaluation based on this "rule" will not result in a just or fair settlement for the injured victim. For example: a person that has $4,000.00 in medical expenses that recovers fully within one or two months case will not be valued as large as a person that has $4,000.00 in medical expenses, takes six months to reach maximum medical improvement and has a permanent limitation resulting from the injury.
Only experienced personal injury attorneys have the skill needed to properly evaluate a personal injury claim. Only experienced trail personal injury attorneys who actually try cases have the ability to obtain for you the maximum value for your claim.
19. What is the normal statute of limitations for filing a lawsuit for injuries resulting from a car wreck?
Every state is different. In Mississippi, you have three years to file your suit for injuries (if the person who caused the injury is an employee of a government unit, agency or political subdivision then you only have one year in which to file a formal written notice of tort claim and ninety days year thereafter in which to file your lawsuit).
Other types of negligence have different statues of limitation. For example, the medical negligence statute is two years from the date of the negligent act or when you knew or should have known bout the negligent activity. You have only one year to file your lawsuit if assault, battery or slander is the basis of your claim.
LINKS
Findlaw Internet Injury & Tort Resources: An excellent compilation of links to personal injury and tortsites on the net.