Understanding Accident Litigation in Mississippi

If you were involved in an accident and are considering accident litigation in Mississippi, there are several things you should know about the process.  Your first step should be to contact an experienced litigator such as the attorneys of Cumbest, Cumbest, Hunter & McCormick.   However, be aware that reaching a final verdict in the case could take months—a number of legal proceedings must be completed before your case can be resolved.  They are as follows.

• Investigation and information gathering:  After meeting with your accident attorney you should begin to gather all information relevant to your case.  This allows you to reconstruct the accident and requires information about the accident itself as well as the anything collected from the scene of the accident.  In this early stage of the process you will also talk to insurance companies.  Additionally, you can choose to hire a private investigator to aid you and your attorney. 

• Pre-trial negotiations:  In many cases, a resolution can be reached out of court.  Your attorney compiles all of the information pertinent to your case and makes a demand to the negligent party.   A demand includes a summary of your claim, including reasons why the other party should be found at fault.  In addition, a demand outlines your losses from damages and accident injuries.  This potentially lengthy negotiation may eventually be resolved.  If not, then you will press on toward a trial.

• Formal complaint filing:  You and your attorney must file a complaint detailing your recount of the accident and resulting injuries and/or damages.  This document is delivered to the negligent party/parties involved.   The defendant(s) then have a specified amount of time to render a response to your specific allegation(s).

• Review:   During this phase the parties involved look over the other’s testimonies, evidence, and reports and can ask for verification of documents and make requests for admissions of evidence and/or documents.

• Making motions:  The defendant(s) can file a motion to dismiss one or more of your claims.  After it has been filed you have a specific time frame in which to respond.  It may be necessary to take part in a hearing before a judge to resolve a motion.

• Mediation:  There is still one final chance to keep the case from going to trial.  During the mediation stage you can make offers back and forth with the defendant and possibly settle the case out of court.

• Trial:  If no resolution has been reached the case will come before a court.   However, it could take a year or more to finally set a date depending on how busy the local courts are.

Contact us for help understanding Mississippi accident litigation

Mississippi accident litigation can be a long, anxious, and stressful process, especially if you are suffering from injuries.   That is why it is important to have a skilled attorney on your side who knows the law and will work hard to protect you.  

For answers to your legal problems, contact the dedicated, experienced Pascagoula, Mississippi attorneys of Cumbest, Cumbest, Hunter & McCormick at 866.461.1591.