If you’ve been injured in an accident in Jackson, Pearl, Madison, or Brandon, Mississippi, understanding how a personal injury case moves toward settlement or trial can help you make informed decisions. At Coxwell & Associates, PLLC, we guide injury victims through every stage of the legal process with preparation, transparency, and relentless advocacy.
The Reality of Personal Injury Settlements in Mississippi
The overwhelming majority—approximately 95–96%—of personal injury cases settle before trial. Only about 4–5% of cases ultimately proceed to court. While this statistic is important, it doesn’t tell the whole story. Settlement can be good, and settlement can be bad—it all depends on preparation.
When Settlement Is Good
When your attorney thoroughly investigates your case, gathers strong evidence, hires the right experts, accurately values your damages, and works with you as a team, a settlement becomes a strategic decision made from a position of strength. In these situations, insurance companies and defense attorneys recognize the value of the case and offer fair compensation.
When Settlement Is Bad
Settlement can be harmful when a case is rushed through an “assembly line” process—where minimal investigation is done, and cases are pushed to close quickly. This approach often results in undervalued claims and compensation that does not fully reflect the harm suffered. At Coxwell & Associates, we believe preparation is the foundation of results. As we often say: Prepare, prepare, prepare—because results matter.
The Benefits and Realities of Settlement
Settlement can provide injured clients with financial relief sooner, helping cover medical bills, lost income, and household expenses. It also avoids the uncertainty of a jury verdict that may not fully compensate you for your injuries.
However, achieving the best possible settlement requires patience and cooperation. Many delays are unavoidable and built into the legal system—particularly when it comes to medical treatment and recovery.
Maximum Medical Improvement (MMI)
One common delay occurs when an injured person has not yet reached Maximum Medical Improvement (MMI). MMI is the point at which a medical provider determines that no further improvement is expected. Once MMI is reached, your attorney can more accurately assess future damages and begin building a comprehensive claim.
Expert Witnesses in Mississippi Personal Injury Cases
To fully document future damages, experienced personal injury attorneys often rely on expert witnesses. These professionals provide specialized insight that strengthens your case and supports fair compensation. Depending on the circumstances, your case may require:
Medical Experts to explain injuries, treatment needs, and long-term health impacts
Life Care Planners to evaluate future medical care, disability needs, and related expenses
Vocational Rehabilitation Specialists to assess lost earning capacity
Economists to calculate future wage loss and financial impact
Mental Health Experts to document emotional distress and psychological harm
Biomechanical Engineers to analyze how forces in an accident caused specific injuries
Highway Safety Experts to assess road conditions or design flaws
Forensic Experts to analyze technical or financial evidence
In our experience, having these experts prepared before a lawsuit is filed allows for stronger positioning and fewer delays once litigation begins.
Built-In Delays in the Mississippi Personal Injury Legal System
Some delays are unavoidable and are part of how the legal system functions in both Mississippi state courts and federal courts.
Once a lawsuit is filed, the defendant typically has 30 days to respond. Courts then issue a scheduling order that governs discovery deadlines and case progression. These timelines apply whether a case is filed in Hinds County, Rankin County, or elsewhere in Mississippi.
What Is Discovery in a Mississippi Personal Injury Lawsuit?
Discovery is the formal exchange of information between parties after a lawsuit is filed. Its purpose is to promote transparency, prevent surprises, and allow both sides to evaluate the strengths and weaknesses of the case.
Discovery typically includes:
Interrogatories: Written questions answered under oath
Requests for Production: Exchange of documents such as medical records, employment files, accident reports, and surveillance footage
Requests for Admission: Statements the opposing party must admit or deny under oath
Depositions: Sworn testimony taken before a court reporter
Scheduling discovery—especially depositions involving multiple experts—can take weeks or months and is a common source of delay.
Moving Toward Resolution: Mediation or Trial
Once discovery is complete or nearing completion, courts often require mediation. Many Mississippi personal injury cases resolve during or shortly after discovery. If mediation is unsuccessful, the case proceeds toward trial.
In federal court, judges typically set a trial date early and work backward to establish deadlines. In some state courts, trial dates may not be set until discovery concludes.
The Bottom Line: Your Attorney Must Push at Every Stage
Timelines matter—but effort matters more. A skilled personal injury attorney must aggressively advocate for their client at every stage by:
Ensuring medical treatment is fully documented
Securing and preparing expert witnesses early
Demanding complete and timely discovery responses
Scheduling depositions promptly
Meeting every court deadline
Advocating forcefully in mediation
Preparing thoroughly for trial if settlement fails
When your attorney works with you as a team—preparing meticulously and pushing relentlessly—you are positioned to achieve the strongest possible outcome, whether through settlement or trial.
Remember: preparation separates a good result from a great one.
About Coxwell & Associates, PLLC
Coxwell & Associates, PLLC is a Mississippi-based personal injury law firm serving clients in Jackson, Pearl, Madison, Brandon, and surrounding communities. Our attorneys bring decades of experience handling serious injury cases in both state and federal courts, with a commitment to preparation, accountability, and results.
Note: This article provides a general overview of the personal injury legal process. Procedures and timelines may vary depending on the court, county, and specific facts of your case.