INJURY CLAIMS DEFENSE

Being sued for personal injury is stressful business, and one which is best handled through insurance. In 2007 there were 4,456 cases of personal and property injury filed in Mississippi courts alone.

It is a sad fact of life however that we cannot be insured for every eventuality. We have to insure ourselves by law (cars, trucks, boats, home), and we may choose to insure ourselves through prudence (life, disability, employment).

However with the best will in the world, we may still find ourselves uninsured:

• We may have missed a premium payment
• Our insurance may have lapsed
• We could have fallen afoul of one of the policy’s conditions (e.g. to have regular car maintenance)
• The insurance company may choose not to pay us
• The size of the claim may exceed our coverage

If you are sued and have no insurance, or you don’t have a sufficient level of insurance to cover the claim, the consequences can be far reaching, as the plaintiff may pursue your income until full judgment is paid. The plaintiff can ask for payments to cover medical payment and even lost wages. This is why you will want to retain a litigator to ensure that your best interests are protected.

1. A good litigator will work hard to minimize your liability. He may be able to prove contributory negligence by the plaintiff, i.e. conduct which increased the chances of injury and its severity.
2. The law of evidence is very important in all cases, but none more so than when not having insurance. You should take pictures of the accident scene, speak to witnesses and take their details for future reference. Your attorney will work with you to ensure that any chance to limit or minimize your liability is explored.
3. Plaintiffs can only collect money or assets which exist, and a good lawyer will minimize your liability through careful analysis of your financial situation. For example the law stipulates that a plaintiff can receive a higher portion of your earnings if you are self-employed. By examining your current situation you can minimize your liability through sound financial advice.
4. In some cases it may be possible to affix your liability to another party’s insurance policy, for example if you share a home with another, or if you travel with a partner who is insured. The policy has to be examined in great detail and every eventuality must be explored.

If you need to speak to Clarence please contact him toll-free at             866.991.1555       or            601.991.1099       for a free assessment of your case. Alternatively you can reach him here.