Personal Injury ~ Car Wreck ~ 18 Wheeler Crash ~ Motorcycle Accident ~

To determine if you have a valid car accident claim, you'll want to consider the following key factors:

• Clear fault: If the other driver was clearly negligent (e.g., ran a red light, rear-ended you), your claim is likely valid.

• Shared fault: In states like Mississippi (which uses pure comparative negligence), you can still recover damages even if you were partially at fault—your compensation is just reduced by your percentage of fault.

You typically need one or more of the following:

• Physical injuries (whiplash, broken bones, etc.)

• Lost wages or loss of earning capacity

• Medical bills (present and future)

A strong claim will have:

• Police report
• Photos of the accident and damage
• Medical records
• Witness statements
• Insurance information from the other driver

• In Mississippi, you generally have 3 years from the date of the accident to file a personal injury or property damage lawsuit (Miss. Code § 15-1-49).

• Claims filed after this window will be dismissed.

You can file a claim through:

• The at-fault driver’s liability insurance

• Your own uninsured/underinsured motorist coverage

• Speak to a personal injury attorney at Khalaf & Nguyen to evaluate your case.

• Don’t settle too early—insurance companies may offer a quick payout that’s much less than you deserve.

• Document everything — your treatment, expenses, symptoms, and how the accident affects your life.

You can handle the claim on your own—but in many cases, it’s a smart move to hire an attorney,

If the wreck happened in Mississippi, then you will need to hire an attorney who is licensed in Mississippi.  Khalaf & Nguyen attorneys are all licensed to practice law in Mississippi and in Federal Courts.

• You were seriously injured, required hospitalization, surgery, or long-term care.
• The other driver’s insurance company is denying your claim or offering a lowball settlement.
• Fault is disputed or unclear.
• The other driver was uninsured or underinsured.
• You missed work and are seeking lost wages or future earning capacity.
• Someone died in the accident (possible wrongful death claim).
• You’re being blamed for the crash, even partially (Mississippi follows pure comparative fault rules).

• Handles all communication with insurance adjusters.
• Gathers evidence like medical records, police reports, and witness statements.
• Calculates fair compensation (not just medical bills, but pain, suffering, lost income).
• Knows state-specific rules and deadlines (Mississippi has a 3-year statute of limitations for most car accident claims).
• Files a lawsuit if the insurance company refuses to settle fairly.

• Khalaf & Nguyen Law Firm understands state-specific laws, local court procedures, and insurance practices.
• Mississippi uses pure comparative negligence—meaning even if you’re 99% at fault, you can still recover 1% of your damages. Attorneys Jad and Ammie know how to argue for your best possible share.
• They also know how to evaluate and negotiate claims.

Car accident settlements are often significantly higher when a skilled attorney is involved. 

Why Settlements Are Higher with a Car Accident Lawyer:

• Khalaf & Nguyen know how to calculate all damages: medical bills, lost wages, future treatment, pain and suffering, emotional distress, and loss of enjoyment of life.

• Insurance adjusters often undervalue claims, especially if you’re unrepresented.

• Insurance companies know that attorneys are willing (and able) to take the case to court, which pressures them to offer more to avoid trial.

• Without a lawyer, you’re seen as less likely to sue, so you may be lowballed.

• Saying the wrong thing to an adjuster, missing deadlines, or not documenting injuries properly can hurt your case.

• A lawyer prevents these pitfalls and protects your legal rights.

• Khalaf & Nguyen often work with accident reconstruction experts, doctors, and economists to build a strong case and prove damages.

• Working with an experienced Mississippi car accident attorney like Khalaf & Nguyen can maximize your compensation and help you avoid being taken advantage of. It costs nothing upfront — Khalaf & Nguyen work on a contingency fee, meaning we only get paid if you do.

In Mississippi, the distinction between a Class 1 and Class 2 insured motorist typically comes up in the context of uninsured/underinsured motorist (UM/UIM) coverage under an auto insurance policy. These classifications relate to who is covered under the UM/UIM provisions and what rights they have under the policy.

Here’s the key difference:

• Definition: The named insured on the policy and their resident relatives (people related by blood or marriage who live in the same household).

• Coverage: They are broadly covered, regardless of whether they were occupying the insured vehicle at the time of the accident.

• Can stack coverage.

• "The coverage afforded Class I insureds extends to all circumstances when a member of the first class is injured by an uninsured motorist. This broad protection to members of the first class arises by virtue of the phrase 'while in a motor vehicle or otherwise."

Meyers v. Am. States Ins. Co., 914 So. 2d 669, 674 (Miss. 2005)

• Example: A woman is the named insured on the policy. Her teenage son, who lives with her, is also a Class 1 insured—even if he's injured while riding in a friend’s car.

• Definition: Individuals who are occupants of the insured vehicle at the time of the accident but are not named insureds or resident relatives.

• Coverage: Their coverage is limited to the circumstances involving the insured vehicle.

• "In the case of a Class II injured insured, the individual is only covered because he or she is in the covered automobile." 

Meyers v. Am. States Ins. Co., 914 So. 2d 669, 674 (Miss. 2005)

• Example: A friend riding in the insured vehicle is a Class 2 insured. If that friend is injured while in your car, they may be covered. 

• Stacking: Class 1 insureds can often stack UM/UIM coverage across multiple vehicles on the policy. Class 2 insureds cannot.

• Scope of protection: Class 1 insureds have broader rights to claim under the policy.

• Claims and litigation: These distinctions can affect whether someone qualifies for UM/UIM benefits at all.

Here’s a hypothetical accident scenario in Mississippi that highlights the difference between a Class 1 and Class 2 insured under uninsured/underinsured motorist (UM/UIM) coverage:

Emily owns a car insured by ABC Insurance. Her UM/UIM policy covers $50,000 per person. She lives in Jackson, Mississippi, with her 20-year-old son, Jake. Jake doesn’t own a car or have a separate policy.

One night, Jake is riding in the front passenger seat of his friend Sarah’s car (not insured by ABC Insurance). Another vehicle, driven by an uninsured driver, runs a red light and crashes into them. Jake suffers $75,000 in injuries.

• Status: He is a Class 1 insured because he is a resident relative of Emily, the named insured.
• Coverage: Even though Jake wasn’t in Emily’s car at the time, he can claim UM benefits under her policy.
• Recovery: He can potentially receive up to $50,000 from Emily’s UM policy (depending on policy terms and offsets).

• Status: She is not a Class 1 insured under Emily’s policy. She is not a resident relative and was not in Emily’s car.
• Coverage: Sarah cannot claim any UM benefits from Emily’s policy.
• She would need to rely on her own insurance (if she had one), or the policy covering her car.

• Sarah (as a passenger in Emily’s car) would become a Class 2 insured.
• She would be covered only because she was occupying the insured vehicle at the time.
• But if Sarah were later injured in another accident while driving her own car, she wouldn’t be covered under Emily’s policy.

In Mississippi, the settlement amount in a car accident involving uninsured or underinsured motorists (UM/UIM) depends on several legal and practical factors, including:

• Medical expenses (past and future)
• Lost wages or earning capacity
• Pain and suffering
• Permanent impairment or disability
• Emotional distress

The more severe and permanent the injuries, the higher the potential value of the claim.

In a UM/UIM claim in Mississippi:

• The injured party’s own UM/UIM policy steps in when the at-fault driver has no insurance or not enough insurance to cover the damages.
• Mississippi allows stacking of UM/UIM coverage for Class 1 insureds, which can increase the available coverage.

If Emily has 3 vehicles insured on her ABC Insurance policy with $50,000 UM per vehicle, and Jake qualifies as a Class 1 insured, then:

• Jake may be able to stack the UM coverage to access up to $150,000 total.
• That amount becomes the limit on what the insurer is obligated to pay for Jake’s injuries.

• If the at-fault driver is completely uninsured, UM coverage is the primary source of recovery.
• If the at-fault driver is underinsured, the victim collects from the at-fault driver first, then uses their UIM coverage for the difference.

• Jake’s damages total $100,000.
• The at-fault driver has $25,000 liability insurance.
• Jake gets $25,000 from the at-fault driver, and then can claim up to $75,000 from his mom’s UIM policy.

UM/UIM cases in Mississippi typically involve:

• Filing a claim with your insurer (as if suing a third party)
• Negotiating the value of the damages
• If no agreement is reached, the insured may file a lawsuit against their own insurer, which proceeds like a personal injury trial

Insurers often dispute:

• Whether the at-fault driver was truly uninsured/underinsured
• The extent of the injuries
• The reasonableness of medical treatment

Mississippi allows insurers to reduce what they pay under UM/UIM by any amount collected from the at-fault driver.

✅ Example:

Jake has $100,000 in damages.
He receives $25,000 from the at-fault driver’s insurance.
He can claim $75,000 under UIM coverage, not the full $100,000.

Mississippi law imposes a 3-year statute of limitations from the date of the accident to file a UM/UIM lawsuit. 

In a serious injury case like Jake's, legal representation can significantly impact the final settlement, especially when dealing with complex coverage issues, stacking, and policy limits. Mississippi courts tend to uphold the contractual terms of UM/UIM policies but favor broader coverage for Class 1 insureds.