My Car is Totaled and my Body Aches

There are times when you are involved in a car accident in Jackson that you don’t feel as if you are hurt and you turn away an ambulance ride to the hospital. You may feel that emergency rooms are too busy to take time to help you out with your minor cuts and bruises.  The words I’ll be alright once I calm down come into your head and out of your mouth. Your car doesn’t look that bad the person only pushed your front tire in a little so you have your spouse come and pick you up.                                     ·

You wake up the next day and all of a sudden those aches are throbbing and your whole body is stiff. You lay in bed for a few hours and the insurance adjuster calls you and tells you that your car’s frame is damaged and they have to total out your car. Your answer to this is how can this be it just pushed my wheel in a little bit.

You try to sit up and then your legs spasm and fire shoots down your neck into your upper shoulders.  You then think to yourself how can this be I was only aching a little yesterday. It is easy to have hidden things pop up on your body just like they can on your vehicle. Yes, the accident caused it but right now you have to do something to ease your pain NOW!

The first go-to for many people would be to heat up the area that hurts. It certainly feels good but it is totally the wrong approach for inflammation. Heat is a vasodilator and will bring more blood to an area that is already inflamed and this just adds to the pressure in the joint.

You should use ice on the area for 20 minutes and then take the ice off the skin for 40 minutes and continue to do this.  Your next step is getting in touch with a health care provider to X-ray these areas of pain.  Many may choose to go to the emergency room and this is a good idea they have an x-ray, MRI and CT scan machines all very useful for diagnosis of such injuries.  The only problem is that you may have to wait a very long time to be seen.  You can also call up your general practitioner but many do not like to treat people that have been involved in motor vehicle accidents and do not accept third party payment.

Another option is to seek treatment from a local Jackson, MS Chiropractor.  Most have x-ray units and are willing to accept a lien from your attorney paying them when all the treatment is over. This will keep you from having to pay each visit and then your attorney will handle all the calls from the other person’s car insurance.  Calling an attorney will tell you if you have a case meaning that the other person is at fault. We always know that it was the other person’s fault, but trust me you need an objective opinion so that you don’t pay a bill that is the responsibility of another person. They also take away the headache of figuring out fair compensation for missed work and/or pain and suffering.  While you are making these decisions remember to be employing the RICE method (Rest, Ice, Compression, and Elevation).  If you follow this the inflammation will improve making the trip to the Chiropractor more tolerable.

Dr. Gary De Mott – Ridgeland, MS

Written by: Dr. Gary De Mott ~ Action Chiropractic

Types of Car Wreck Claims

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Types of Car Wrecks

Types of Car Wreck Claims

There are generally two types of car wreck claims a person has after they have been involved in a motor vehicle accident.

First, there is a “Property Damage Claim.” A property damage claim is a claim filed with the insurance company to repair or replace the vehicle that was damaged in the wreck.

Second, there is a “Personal Injury Claim.” A personal injury claim is a claim filed with the insurance company to compensate you for your medical bills and pain and suffering.

Property Damage

In some cases, the vehicle may be totaled (damaged beyond repair) and you will be entitled to the fair market replacement value of the car. How much you owe on the car doesn’t matter in determining how much you will be entitled to. The vehicle is simply worth whatever the fair market value is. This value can depend on the miles on your vehicle, the make and model, and the overall condition of the vehicle. You can find out the fair market value of a vehicle at www.nada.com or www.kbb.com.

In other cases, the car may just need to be repaired. The insurance company will send someone to give an estimate of the repair cost. However, you are also encouraged to contact the body shop of your choosing and get a second estimate, maybe even get two or three estimates done.

Personal Injuries

If you are physically injured from the car wreck, you should seek medical attention immediately. Even if you don’t think your injuries are serious, it is still recommended that you go to the doctor to get checked out and make sure that you do not have internal injuries that cannot be seen without performing an x-ray or an MRI. It is common for some symptoms not to show up until 2 or 3 days later, or even longer in some cases.

Your doctor will be able to evaluate and diagnose any physical injuries you may have suffered in the car wreck. It is important that you tell your doctor of any pain you are feeling that was caused by the collision. Later, your Attorney will collect all your related medical records and use this as evidence to prove your injuries.

As soon as you are able, you should contact one of our skilled Personal Injury Attorneys. Time is not on your side, so it is important that you get legal help as soon as possible while the evidence is still fresh. You Attorney will need photos of your bodily injuries, which may be bruising, cuts, and scrapes to your body. It is also important to get the names and contact information of any witnesses.

Contact Us Today

If you have been hurt in a car wreck due to someone else’s negligence, call 601-724-2345 and we will evaluate your car wreck claim. We offer a free initial consultation, so you have no risk.

We're open 24/7. Call us or fill out the form below.

Clients who allow Jackson Car Wreck Lawyers to help them with their accident or injury claim may not obtain the same or even similar monetary results as these successful results indicate. The amounts stated are before deduction for attorney’s fees and costs such as expert witnesses or for medical bills for the clients’ injuries.

Uninsured Motorist Insurance

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Uninsured Motorist Claims

What is Uninsured Motorist Coverage?

Mississippi law defines an “uninsured motor vehicle” as:

(1) a motor vehicle as to which there is no bodily injury liability insurance; or

(2) a motor vehicle with liability insurance, but the insurance company has legally denied coverage or is unable, because of
being insolvent at the time of or becoming insolvent during the 12 months following the accident, to make payment with respect to the legal liability of its insured; or

(3) an insured motor vehicle, when the liability insurer of such vehicle has provided limits of bodily injury liability for it’s insured which are less than the limits applicable to the injured person provided under his uninsured motorist coverage; or

(4) a motor vehicle as to which there is no bond or deposit of cash or securities in lieu of such bodily injury and property damage liability insurance or other compliance with the state
financial responsibility law, or where there is such bond or deposit of cash or securities, but such bond or deposit is less than the legal liability of the
injuring party; or

(5) a motor vehicle of which the owner or operator is unknown; provided that in order for the insured to recover under the endorsement where the owner or operator of any motor vehicle which causes bodily injury to the insured is unknown, actual physical contact must have occurred between the motor vehicle owned or operated by such unknown person and the person or property of the insured; or

(6) a motor vehicle owned or operated by a person protected by immunity under the Mississippi Tort Claims Act, if the insured has exhausted all administrative remedies.

No vehicle owned by the United States government and against which a claim may be made under the Federal Tort Claims Act is considered uninsured.

MedPay payment are not offset to the insurance against UM coverage limits. Prudential Prop. & Cas. Ins. Co. v. Mohrman, 828 F. Supp 432, 438 (S.D. Miss. 1993).

Workers Compensation payments to the insured against UM coverage limits are not offset. Nationwide Mut. Ins. Co. v. Garriga, 636 So. 2d 658 (Miss. 1994).

Workers Compensations liens do not apply to UM proceeds. Miss. Ins. Guaranty Assoc. v. Blakeney, 51 So. 23 208 (Miss. App. 2009). A carrier does not need to seek approval from the Workers’ Compensation Commission in order to pay out UM proceeds. You can get a recovery on both the Workers Comp claim and the 3rd party claim.

If you have specific questions regarding you UM coverage after a motor vehicle collision, contact one of the Jackson Car Wreck Lawyers today at 601-724-2345 for a free consultation.

We're open 24/7. Call us or fill out the form below.

Clients who allow Jackson Car Wreck Lawyers to help them with their accident or injury claim may not obtain the same or even similar monetary results as these successful results indicate. The amounts stated are before deduction for attorney’s fees and costs such as expert witnesses or for medical bills for the clients’ injuries.

Work Zone Related Collisions

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Work Zone Related Vehicle Collisions

Everyone dreads seeing the “construction ahead” sign because they know it will generally cause a delay in travel time. However, roadwork is necessary to keep the roads, streets, and highways in good repair. Road construction and repair can take place during the daytime or at night, so always be mindful when you see the signs. That is why it is important to take extra precautions to prevent Work Zone Related Vehicle Collisions. Road Construction can take place at any time during the day or night.

Slow Down for Your Safety and for the Saftey of the Road Workers

Generally, most road construction takes place during normal business hours. However, due to the increased amount of traffic, some urban areas will have road construction crews working at night when there is naturally less traffic to help reduce traffic congestion and delays. Anytime you see signs indicating road construction ahead, please slow down and proceed with caution. According to the Federal Highway Administration, approximately 4,400 people died in work zone collisions based on recent data. Slow down any time you see construction sites where construction workers may be working.

Speeding Fines Can Be Double in Work Zones

In order to further protect highway workers, many state and local regulatory agencies have passed laws that double the usual fines for a traffic violation such as speeding in work zones when workers are present. Getting a ticket for speeding in a work zone can cost several hundreds of dollars and negatively impact your driving records thereby increasing your vehicle insurance rates.

Some things to look out for to prevent work zone collisions include negligent conduct such as:

  • Speeding
  • Passing in a closed lane
  • Distracted Driving
  • Improper passing
  • Tailgating
  • Texting while driving
  • Maintaining proper control of your vehicle
  • Following traffic devices and road signs

Any of the above negligent conduct by other drivers can lead to a motor vehicle collision. If you were in a road work zone accident, speak with an experienced injury lawyer as soon as possible. The Attorneys with Jackson Car Wreck Lawyers strive to provide the highest quality of representation for injury victims. We strive to hold the negligent party accountable and get our clients the maximum compensation possible. Call today for a Free Initial Consultation 601-724-2345 You can also email us at contact@jacksoncarwrecklawyers.com


Jackson Car Wreck Lawyers

Jackson, MS

601-724-2345

We're open 24/7. Call us or fill out the form below.

Clients who allow Jackson Car Wreck Lawyers to help them with their accident or injury claim may not obtain the same or even similar monetary results as these successful results indicate. The amounts stated are before deduction for attorney’s fees and costs such as expert witnesses or for medical bills for the clients’ injuries.