Articles Posted in Personal injury attorney

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Motorists could save thousands of lives each year simply by eliminating distractions while behind the wheel. Despite the recent passage of laws aimed at deterring these crashes—texting and driving, for example, are prohibited in 48 states—people all over the country suffer devastating injuries every day due to distracted motorists.

If you were struck by someone who wasn’t paying attention, you may be entitled to compensation for the resulting damages. In order to recover for your damages though, you will have to gather sufficient evidence of the motorist’s liability. You will also have to prove causation and the extent of your damages.

In this blog, we’ve answered some of the most frequently asked questions about bringing a car accident claim against a distracted driver:

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A vehicle accident can happen to anyone at any time. Injuries sustained from car crashes can have long-lasting effects on all areas of your life. From the pain, suffering, and medical bills to being absent from work, injuries can be devastating. If you or somebody you know sustains injuries following an auto accident, the best choice of action is to enlist the services of a car crash lawyer.

Coxwell & Associates understands that your best interest is getting the compensation you deserve if you have a legitimate claim. This is where we come in. We understand the results matter. For this reason, we are dedicated to ensuring successful vehicle accident claims on your behalf.

Extensive research and numerous studies show that personal injury plaintiffs that hire a car crash lawyer are more likely to succeed and receive better settlements than those who choose to represent themselves. The benefit of a civil plaintiff attorney that is knowledgeable, skilled, and diligent is indisputable.

Coxwell & Associates will fight your legal battles, handles the paperwork, and ensure that you receive compensation in all areas due. Our main goal is to help you focus on recovering your health and get your life back on track. We understand what auto accident victims go through.

For 40 years, the car crash lawyers at Coxwell & Associates have successfully handled car accident claims on behalf of numerous injured victims. Every one of our car crash attorneys is highly skilled and experienced, guaranteeing that you will receive the best legal representation. By specializing in limited areas of law, we ensure that we have the necessary skillsets to provide results for our clients.

What We Offer

Often, insurance companies aim to pay out as little as possible to accident victims and policyholders. We are in the business of protecting your legal rights. As your advocate, our car crash lawyers at Coxwell & Associates will guide you throughout the legal procedures and get you every dollar that you deserve.

We help auto accident victims file personal injury claims to recover compensation for various aspects, including:

  • Medical bills
  • Physical therapy and rehabilitation
  • Lost wages
  • Lost earning capacity
  • Long-term care
  • Pain and Suffering
  • Physiological and mental distress
  • Vehicle Repair
  • Court costs
  • Disability
  • Loss of Consortium

Coxwell & Associates can also help you follow wrongful death claims. Aside from handling regular vehicle accident claims, we also advocate for the victims of motorcycle and bicycle accidents, as well as pedestrians who are struck by vehicles.

Why Hire Us

1. We Have Experience

One of the factors that can facilitate successful claims is the experience of your car crash lawyer. At Coxwell & Associates, we have 40 years of experience and are specialists in personal injury cases.

We have handled many vehicle accidents claims successfully within our years of service and have numerous success stories to show for it. Different legal strategies are needed to handle different types of claims. Our attorneys are familiar with all these strategies and will bring superior insight into your case.

2. We Will Handle the Insurance Companies for You

Insurance adjusters are skilled at negotiating insurance settlements. They will go through all means to minimize their payments. Having our car crash lawyers on your side will have a high impact on your claim.

We will negotiate with insurance handlers, handle all the claim details on your behalf, and help prepare a statement that works for your benefit. Our car crash lawyers have decades of experience dealing with insurance firms and negotiating fair settlements. We know all the tactics and can prevent unfair settlements.

3. We Can Prove Liabilities for Your Injuries

Proving another driver’s negligence caused your injuries is among the more complex aspects of personal injury claims. The parties involved always attempts to shift blame. Our accomplished and knowledgeable car crash lawyers can sift through the evidence to ascertain the guilty parties and build a strong case on your behalf.

Having managed numerous complicated cases, Coxwell & Associates attorneys have the resources and expertise necessary to obtain crucial evidence. This includes consulting medical experts, obtaining accident reports, reconstructing accident scenes, and interviewing witnesses.

3. We Will Ascertain the Real Value of Your Injuries

Ensuring that you receive compensation that represents the actual value of your auto accident claim is another complicated aspect. Insurance firms know how to convince you to take lowballed settlement offers.

Our experience in the industry means that we will know the actual value of your auto accident claim. We do not accept settlement offers that do not cover your losses to the full extent.

Other benefits of enlisting Coxwell & Associates services include:

  • Our practice is primarily devoted to personal injury law
  • We have and will show you records of our results and settlements
  • We have a very transparent and fair fee schedule
  • We are always available round the clock
  • We are compassionate and understand the needs of all our clients
  • We take a deep interest in your case
  • We are honest and transparent concerning the outcome of your cases

Overall, you cannot overstate the importance of legal counsel and representation following a car accident. Coxwell & Associates has the experience, expertise, commitment, and persistence to investigate all circumstances surrounding car accidents.

Our team of skilled and professional car crash lawyers will help you ascertain your due compensation based on the unique circumstances of your case. We are among the leading personal injury advocacies in Mississippi and will prepare your case dutifully to maximize your claims and address your needs.

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Truck accidents tend to cause extensive—and oftentimes catastrophic—damage. In fact, it’s not uncommon for victims to incur tens of thousands of dollars in medical bills, lost income, property repairs, and other unexpected costs. Unfortunately, insurers use all kinds of strategies to deny or at least devalue such claims. One of the most common defenses asserted by insurance companies is to argue that the claimant has failed to mitigate their damages.

Defendants in these cases are only responsible for covering the losses for which they are liable. If a claimant’s own negligence exacerbates their injuries and increases their damages, the insurance company might refuse to pay for 100 percent of their losses.

If you were hurt in a large truck crash, here are a few steps you can take to reduce the likelihood of facing a dispute over the mitigation of damages:

Mr. Mullins, arguing in Court
Negligent drivers, foul weather, and rider error are some of the most common causes of motorcycle accidents. In some scenarios, though, none of them are to blame. If you are injured and you believe it was due to a part on the motorcycle or a defective tire, call Coxwell & Associates, PLLC. The attorneys at Coxwell & Associates have handled product liability claims of many types, and they understand the need for fast action and good expert assistance.

If you were seriously hurt despite otherwise perfect conditions, the manufacturer of your bike—or one of its components—may be responsible. Product manufacturers have a duty to produce goods that are reasonably safe when used in a reasonable manner. Should a motorcycle or one of its parts have a defect that causes an accident, anyone who is injured as a result may have grounds for a product liability claim. It is not uncommon in automobile cases to have product liability cases involving cars or tires.

To build a successful claim against a motorcycle manufacturer, you will have to prove four primary elements. Read on to learn what these elements are:

thompsonandme-300x200If you’re recovering from serious injuries, dealing with insurance adjusters and navigating complicated legal proceedings are probably at the bottom of your to-do list. Should you have grounds for a claim, though, failing to take action right away could prevent you from obtaining fair compensation. The attorneys at Coxwell & Associates, PLLC work out of Jackson, Mississippi. We travel and represent people throughout the entire State of Mississippi on car crashes, other personal injuries, and criminal defense.

Below are just a few signs that you might have a strong personal injury claim:

  1. You Played No Role in Causing the Accident

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Work Hard for Clients; Play Hard with the Family.

Motor-vehicle collisions cost the country hundreds of billions of dollars each year in lost productivity, medical expenses, and property damage. At the individual level, a single traffic fatality costs society $1.4 million, while a survivor who sustains critical injuries might cost the nation $1 million. That doesn’t mean, however, that car accident victims are automatically entitled to a seven-figure payout. If you were hurt in a wreck, the potential value of your claim will depend on the circumstances. This is something that always comes up in our attorney-client conversations and it quite often defies an easy answer at the beginning of a case.  At Coxwell & Associates, we do the best we can to let a client know upfront what he might be able to recover, but as stated earlier, sometimes you must wait until the client reaches maximum medical recovery. Let’s take a look at some of the biggest factors that influence car accident settlements and verdicts:

  1. The Severity of the Injuries

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Merrida Coxwell arguing a point in Court.

Impaired motorists are responsible for nearly 30 traffic fatalities around the country every single day. If a drunk driver is to blame for your loved one’s death, your family may have grounds for legal action. While filing a wrongful death claim won’t undo the tragedy you have suffered, it could yield the financial means to put your life back together in the wake of the loss.  In America, recovery of damages is the only way the legal system can make up for the harm experienced from a crash or other type of personal injury. Here are the answers to some of the most frequently asked questions about such claims:

1. How Can I Prove Liability for My Loved One’s Death?

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If you are injured in an auto crash in or around the City of Jackson or any part of Mississippi, my answer is NO unless you are in a crash that involves absolutely no injuries. You need to realize that it can be difficult to know if you have injuries for several weeks or months in some instances. I have been involved with clients in cases where a ruptured disc was not located until several weeks and even months after an auto crash. I recall a close friend who was in a crash in Florida. He was examined at a medical clinic in Florida and told he had no medical problems. As the weeks passed his shoulder kept hurting and aching. When he went to an orthopedic clinic in the Metro area the doctor discovered a torn rotator cuff. I have repeatedly said don’t even think about resolving an auto crash until you are 1000% certain you have no injuries.

So, what is the problem talking with the insurance adjuster for the person who crashed into you? Well, for one thing, the adjuster works for an insurance company and that insurance company wants to save money. Insurance companies learned decades ago that the best way to save money is to pay as little as possible on claims. In America, the only type of compensation the justice system can offer is money damages. The insurance company cannot give you back your health. They cannot return someone’s life that might be lost from a crash. The insurance company cannot restore your ability to work. But the adjuster can save his company money by seeing that your legal damages are as little as possible. The adjuster is not your friend. He or she might be sympathetic to your problems but you are not his boss and you don’t pay him.  Do you think the adjuster will move up in their position by paying the maximum amount in claims? (See my short video on this topic here).

When you talk to the adjuster for the person who crashed into you, it is very likely you could say something that might not be true after you get a complete medical workup. Or you may say something that allows the adjuster to claim you were at fault for the crash. How about a personal example. I was coming down I-55 about to take the High Street exit. There was a man in the left lane that wanted to get over because he did not want to take the exit. Of course, I did not know this. The man did not have his blinker on. He just suddenly slammed into my SUV almost flipping my vehicle in his effort to move into my lane. He admitted it was his fault at the crash scene, but within a day the adjuster was telling me I was at fault. I spent five seconds on the phone with the adjuster before hanging up and filing a civil action. Within three days the adjuster called and asked for an estimate for my repairs. Luckily I was an attorney and could move quickly.

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Mississippi State Prisons and some county jails have been in the news a lot recently. The conditions as seen on television and other media outlets can best be described as abysmal. The word abysmal might be an understatement for the conditions at the Mississippi State Penitentiary.  We won’t go into all the reasons that have contributed to this monumental problem other than to say a lack of money, arising from a lack of interest in people who are incarcerated. This is an unusual attitude from Legislators and the public at large, considering the high rate at which Mississippi incarcerates its citizens. You can hardly talk to a person nowadays that does not have a distant family member or a friend who has been incarcerated. Drugs are of course one of the largest reasons. There is hope that society is seeing the drug problem as a health and mental illness problem now instead of war. The idea of rehabilitation has not driven very many positive changes.

Chuck Mullins, a member of Coxwell & Associates, PLLC, a Jackson, Mississippi law firm, has practiced in the area of civil rights for much of his 25 years of law practice. Back in 1998, Chuck prepared a civil rights case for trial which involved the death of a young man who was out of his mind, high on drugs. When the police arrived, instead of treating him as you would a mentally ill person, they treated him with punches and strikes with their baton-like flashlights. They also sat on this skinny boy causing him to die from positional asphyxia. Merrida Coxwell and Chuck Mullins tried the case and obtained a 2.1 million-dollar verdict plus attorney fees against the municipality. This was little comfort to the mom and dad who deeply loved their boy. Incidentally, the father was himself in law enforcement. Mr. Mullins was able to accept the case and work it up for trial because counties, municipalities, and private prisons can be sued for money damages. Counties and municipalities can be sued under a Federal Civil Rights Statute, 42 U.S.C. §1983. Counties and municipalities can also be sued under the Mississippi Tort Claims Act, but a person cannot sue under the Tort Claim Act if they are incarcerated. And what most people don’t know, including lawyers, is that you cannot sue the State of Mississippi or any State in Federal Court and collect money damages. The State has Sovereign Immunity. This is why attorneys do not take cases for personal injuries against the State of Mississippi. Suits against the State are best left to public service organizations that sue the State for what is called Declaratory Relief.

Currently, Chuck Mullins has about fifteen (15) cases pending against counties or private prisons for individuals who are or were incarcerated and who sustained serious personal injuries. The conditions he has observed would shock even the most cold-hearted person. They often arise from what appears to be the callousness of those in charge. Here is a good and typical example of the types of cases we handle in this area. It comes as a shock and sometimes complaint against us from people when they learn we do not handle every civil rights case. Our practice is limited to cases that involve serious injury. We are mindful and respectful of those cases that do not involve serious injury, but the simple truth is that the legal system is too expensive to try and move a routine civil rights violation through the system. There is an organization in Mississippi that is trying to keep a record of civil rights violations. They are looking for systemic patterns of abuse. We generally direct people with no injury to that organization.

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A vehicle accident can happen to anyone at any time. Injuries sustained from car crashes can have long-lasting effects on all areas of your life. From the pain, suffering, and medical bills to absent from work. Injuries can be devastating. If you or somebody you know sustains injuries following an auto accident, the best choice of action is to enlist the services of a car crash lawyer in the Jackson Metro area. Coxwell & Associates are family-oriented, involved in their communities, and life-long Mississippi residents. They live, work and have a deep interest in their community, unlike some national firms that might only be interested in your business.

Coxwell & Associates understands that your best interest is getting the compensation you deserve if you have a legitimate claim. This is where we come in. We understand the results matter. For this reason, we are dedicated to ensuring successful vehicle accident claims on your behalf.

Extensive research and numerous studies show that personal injury plaintiffs that hire a car crash lawyer are more likely to succeed and receive better settlements than those who choose to represent themselves. The benefit of a civil plaintiff attorney that is knowledgeable, skilled, and diligent is indisputable.

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