Author: Derek L Hall PLLC

Mississippi trucking companies and the drivers they employ are subject to restrictions governing the maximum weight they can carry and how they must secure their cargo. When overloaded trucks are on the road, they put everyone at risk. But how can you tell if a truck is overloaded? Here, we’ll discuss the signs and what happens when a vehicle is overloaded.

Signs a Truck Is Overloaded

Not everyone is an expert on truck cargo, so how are you supposed to tell when a truck is overloaded? To know when a truck driver is dealing with more than they can safely handle, keep an eye out for the following signs:

• The cargo is wider than the trailer or taller than the truck – If you can see pieces of cargo bulging off the sides or back of the trailer or on top of the truck, it’s likely carrying more cargo than it’s designed to hold.
  
• The driver is having difficulty steering straight – When trucks are overloaded, the excess weight can interfere with traction and control. Drivers of overloaded trucks often appear to have trouble driving in a straight line or recovering control after avoiding road obstacles.
  
• The driver is having difficulty slowing down – Heavier trucks take longer to slow down. If you notice the truck driver is braking but taking a long time to slow down, they may have an overloaded truck.
  
• The suspension is straining to keep up – When a truck operates within its normal weight limits, suspension springs compress and expand to absorb impacts from bumps in the road. If a truck is overloaded, you may notice that the truck doesn’t seem to bounce back as much after hitting bumps or potholes.

What Are the Dangers of an Overloaded Truck?

When supply haulers ignore federal cargo weight limits or residential movers have overloaded moving trucks, they increase their risk for the following:

• Rollover accidents – A rollover accident occurs when a truck tilts too far in one direction and rolls over onto its side or roof. Overloaded trucks are prone to swaying and harder to control, making rollover accidents especially likely.
  
• Jackknifing – A jackknife accident occurs when the trailer end of a tractor-trailer folds in toward the cab, much like a closing pocketknife or jackknife. When a truck is overloaded, the resulting loss of traction and control significantly increases the chances of jackknifing.
  
• Brake or tire failure – When trucks are overloaded, their tires and brake systems are subjected to additional strain. This can accelerate wear and tear, raising the risk of brake or tire failure while the overloaded truck is in transit.
  
• Inclement weather accidents – Drivers of overloaded trucks often face substantial losses in traction control, which can get even worse in inclement weather. When roads are wet, icy, or otherwise slick, drivers of overloaded trucks are particularly likely to lose control or even spin out.

Injured in an Accident with an Overloaded Truck? Call Derek L. Hall, PC Today

If you have been injured in an overloaded truck accident, the Mississippi personal injury attorneys of Derek L. Hall, PC can help you seek fair compensation and get back on your feet. Contact our overloaded truck accident lawyers today to learn more about your legal options in a free, initial consultation.

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Mississippi has some of the most dangerous roads in the U.S., ranking near the top of motor vehicle accident fatalities per capita. According to the Insurance Institute for Highway Safety, in 2019, Mississippi saw a total of 581 fatal motor vehicle accidents, with 643 people killed in those accidents.

Given the risks of driving on Mississippi roads, drivers should familiarize themselves with its insurance rules. In particular, drivers should learn whether or not Mississippi is considered a “no-fault” state for insurance purposes.

Why You Should Care If Mississippi Is a No-Fault State

In a “no-fault” state, auto insurance policies must provide personal injury protection or medical payments coverage to drivers and their passengers when they are injured in a car accident.

The no-fault system requires motorists and passengers to turn to their own insurance for compensation before holding the at-fault driver responsible. In addition, many no-fault states limit what an auto accident victim can be compensated for in a car accident claim unless they have suffered “significant” injury or pay higher insurance premiums.

However, Mississippi is instead considered an “at-fault” or “tort” state. This means that if you are injured in a car accident in Mississippi that another driver caused, you can seek full compensation from the at-fault driver and their insurance company for:

• Medical bills
• Past and future lost wages and earnings
• Pain and suffering or lost quality of life

In addition, auto insurance often costs less in at-fault states like Mississippi compared to no-fault states. In no-fault states, drivers effectively bear all or some of the cost of their own injuries even when another driver caused the accident.

Do I Need to Report a Car Accident in Mississippi?

In Mississippi, drivers involved in a car accident are required to report an accident to the police for the following reasons:

• The accident either involved more than $500 of vehicle or property damage
• Someone was injured or killed in the accident

Calling the police to the scene of the accident is sufficient to fulfill the reporting obligation. Although, if the police are not called, the drivers must file a written accident report within ten days.

Mississippi’s Penalties for Driving without Insurance

Under Mississippi law, every driver is required to carry a minimum amount of liability insurance coverage, which could be used to compensate those who’ve been injured in collisions. If a driver is caught without the legally required insurance minimums, they could be cited for a misdemeanor offense.

and face penalties that include a fine of up to $1,000 as well as a driver’s license suspension of up to one year. Drivers will also need to provide proof of auto liability insurance and pay DMV reinstatement and renewal fees before their license is reinstated.

Talk to Our Experienced Injury and Accident Attorneys at Derek L. Hall, P.C. in Jackson, MI Today



If you have been injured in a car accident, contact the Jackson personal injury attorneys at Derek L. Hall, P.C. for help. We’ll provide you with a free, no-obligation consultation to discuss your accident and your legal options.

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Truck accidents ruin the lives of thousands of people nationwide every year, including in Mississippi. The Federal Motor Carrier Safety Administration (FMCSA) says there were close to 4,500 fatal truck accidents across the country in one recent year, along with 114,000 crashes where someone suffered an injury.

Collisions between trucks and other vehicles frequently result in severe injuries, so it’s essential to take steps immediately to get the help you need and protect your right to seek compensation.

What to Do After a Truck Accident in Mississippi

Here’s what you need to do to protect yourself and your rights if you’re involved in a truck accident in Mississippi:

• Call 911. Trucks often inflict major injuries in accidents because of their large size and weight. Even if your injuries seem minor at first, call 911 right away to bring police and emergency medical personnel to the scene. The police will investigate the crash and file a truck accident report you can use later on. Medical personnel may also evaluate you for any potentially serious injuries, including ones that haven’t yet shown symptoms.
• Get the necessary information from the truck driver. To file an insurance claim or personal injury lawsuit after a truck accident, you’ll need certain information from the truck driver. This includes their name, contact information, commercial driver’s license number, personal auto insurance information, and their employer’s name and commercial auto insurance information. Without this information, it will be much harder for you to recover compensation for your injuries.
• Document the crash scene. Before leaving the scene of a truck accident, take a few moments to document what happened as best you can. If your injuries aren’t too severe, take pictures of the damage to your vehicle, damage to the truck, any injuries you sustained, and the area around the crash site.
• See a doctor. Chances are, medical personnel will bring you to a hospital after a truck accident for a more thorough medical evaluation. If not, see your doctor as soon as possible. You may have major internal injuries that haven’t fully manifested and require emergency medical treatment. Your doctor can also help you document all the injuries you’ve suffered.
• Save all your medical records. Your medical records are crucial when it comes to recovering compensation for your injuries in a Mississippi truck accident. Be sure to hold on to them.
• Don’t talk to any insurance adjusters until you’ve spoken to a lawyer. Insurance adjusters play a key role when it comes to claiming compensation after a truck accident, so you need to be careful about what information you give them. Your best bet is to say nothing and let an attorney handle all communications with the various insurance companies.
• Don’t say anything on social media. Anything you say about a truck accident, regardless of the audience, can potentially come back to bite you when you claim compensation. Because of this, it’s in your best interest to avoid posting information on social media until your case is resolved.
• Hire a Mississippi truck accident lawyer. An experienced truck accident attorney can help you pursue full compensation for your injuries and the different financial and personal losses you suffered in the truck accident.

Talk to Our Experienced Truck Accident Attorneys in Jackson, MS Today

Still have questions about what to do after a Mississippi truck accident? We are here to help.

Contact the law offices of Derek L. Hall, PC, today for a free initial consultation.

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Mississippi has several motorcycle laws meant to protect both riders and motorists. Before hitting the open road, make sure you know your rights and obligations as a motorcyclist. Understanding your responsibilities is crucial to staying safe and within the bounds of the law.

Helmet Laws

Mississippi requires all motorcycle operators to wear a helmet when riding. The helmet must meet the minimum guidelines established by the National High Traffic Safety Administration (NHTSA). Look for helmets with a mark identifying them as U.S. DOT compliant.

Riders who violate Mississippi’s helmet law can be ticketed by law enforcement and face fines. Those with more than one violation on their record can face more significant penalties and potentially jail time.

Passenger Laws

Passengers are not exempt from Mississippi motorcycle laws. While some states restrict who can ride as a passenger by age, there is no age limit for motorcycle passengers in Mississippi.  

All passengers must also wear a U.S. DOT-compliant helmet, regardless of age. 

Lane Splitting Laws

Lane splitting occurs when a motorcycle travels between two lanes of traffic. Riders sometimes use lane splitting to bypass traffic jams or stop-and-go traffic. Lane spilling is not legal in Mississippi. However, it is not strictly illegal either. It is up to the discretion of local law enforcement as to whether a rider is lane splitting or operating their vehicle recklessly.

Lane splitting can be dangerous. Since it’s not technically legal in Mississippi, other drivers may not expect to see a motorcyclist pop up between them and a neighboring vehicle. That puts motorcyclists at a greater risk of being struck when a driver moves to change lanes. 

Motorcycle License Laws

All Mississippi drivers must hold an official driver’s license. The state takes this requirement one step further and mandates all motorcycle operators to have a valid driver’s license with an additional motorcycle endorsement. 

Mississippi provides a handbook covering the material riders should know before taking the written portion of the state exam. Generally, a motorcycle endorsement can be issued for a four-year to eight-year period.

Insurance Laws 

Mississippi requires all drivers to maintain insurance coverage on their vehicles. The mandated minimum amount of liability insurance that a motorcycle operator must carry is:

• $25,000 for property damage per accident
• $25,000 for a single accident
• $50,000 for bodily injury per accident

Contact Our Motorcycle Accident Lawyers in Jackson, MS Today

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When Do You Need to Hire a Personal Injury Lawyer?

If you suffered injuries in an accident caused by someone else’s carelessness, you might want to hire a personal injury attorney to help you pursue the full compensation you need. But trying to navigate through the insurance claims process on your own can be overwhelming, especially while recuperating from a serious injury. 

So, when is it important to have a personal injury lawyer by your side? Below, the Mississippi legal team at Derek L. Hall, PC, explains the benefits of working with an experienced attorney after an accident.  For a personalized consultation, contact us today. It’s free, and there’s no obligation. 

How Can a Personal Injury Lawyer Help You?

Seeking compensation in an injury claim is rarely a simple process. Insurance companies are not eager to pay out full and fair settlements. More often than not, insurers make lowball offers in the hopes that accident victims don’t know what their cases are worth. That’s a primary reason to hire a personal injury attorney. A lawyer can collect the persuasive evidence necessary to build a solid claim for compensation while you recuperate. 

At Derek L. Hall, PC, our personal injury attorneys have the knowledge and resources to thoroughly investigate the cause of your accident, identify the liable party(s), document and calculate the full scope of your losses, and demand maximum compensation for you. We’ll negotiate aggressively with the insurance company on your behalf and advise you about the risks and benefits of trial if we can’t reach a reasonable settlement. 

When Should I Hire a Personal Injury Lawyer?

It’s natural to wonder when you should hire a personal injury attorney, especially if you’ve never worked with one before. Consider retaining a personal injury lawyer if:

• You suffered long-term or permanently disabling injuries. Ongoing care is expensive and can lead to massive medical debt if you aren’t financially equipped to handle the cost. A lot is at stake, and an experienced personal injury attorney has the training and skills needed to advocate for the best possible outcome for you. 
• You sustained severe injuries. Catastrophic and serious injuries always result in costly medical expenses. In the immediate aftermath of an accident, the total amount of your losses cannot possibly be known. A personal injury lawyer will know the right time to file a claim and consult with financial experts to forecast your anticipated financial needs for the future. That way, you’ll stand a better chance of recovering the money you will need to rebuild your life and move forward. 
• The accident involved multiple parties and liability is unclear. Determining fault is a key part of every personal injury claim. But when an accident involves multiple parties, the blame may need to be split among everyone who shares liability for what happened. In these cases, insurers seize upon the opportunity to shift as much fault as possible onto the other parties ― including you. A personal injury lawyer can shield you from unfair claims of fault. 
• The insurance company refuses to pay or engages in bad faith tactics. Adjusters deny perfectly valid claims every day. Hiring a personal injury attorney can prevent you from losing out on money due to shady insurance tactics. 

Contact an Experienced Personal Injury Attorney Today



If you have been injured in an accident caused by someone else’s negligence, talk to the Jackson, MS personal injury attorneys at Derek L. Hall, PC today. We’ll discuss your legal options in a free case review. That way, you can make an informed decision about whether to hire a lawyer. Contact us today to get started. 

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If you’ve been injured in a collision involving an 18-wheeler or another large commercial vehicle, it is critical not to treat it like any other accident. Truck accident claims are often more complicated than a regular passenger vehicle crash and require the knowledge and resources that only an experienced Mississippi truck accident lawyer can provide.

Because truck accident victims are often forced to deal with severe injuries, extensive property damage, and multiple parties that could bear responsibility for the accident, it’s essential to hire a lawyer as soon as possible to get the process of seeking compensation started. Here, we’ll review the steps for a truck accident claim you and your lawyer will need to take when dealing with a severe injury accident caused by a negligent trucker, trucking company, or another entity.

Signing an Agreement with a Truck Accident Lawyer

The first step in the truck accident claim process is to meet with a truck accident lawyer. When you meet with an attorney, they can go over the facts of the case with you and determine whether you have a case for compensation.

If your truck accident lawyer believes you have a viable case and you want them to work on your case, you’ll need to sign a retainer agreement so they can officially represent you. Before you sign an agreement with an attorney, make sure you fully understand what you agree to, especially regarding what fees your lawyer will charge.

Communication with Your Attorney

Once you’ve hired a semi-truck accident attorney to represent you, much of the hard work is behind you. Your lawyer can now handle the bulk of the work related to your case while you focus on getting treatment for your injuries.

However, it’s essential to keep your attorney in the loop throughout the claim process. In general, you should refer anyone who wishes to speak to you about the accident — doctors, insurance adjusters, etc. — to your attorney. That way, you won’t accidentally say or do anything that could jeopardize your case.

Collection of Evidence

While you’re resting and recuperating, your truck accident lawyer will begin gathering evidence to support your case, such as:

• Police accident reports
• Photos from the crash scene
• Eyewitness accounts
• Medical records
• Data from the truck’s black box

This information can help determine who is liable for your injuries and what compensation you may be able to recover. This is one of the most time-consuming steps of the process, as you want a strong case before you proceed.

Send the Personal Injury Demand Letter

After your attorney has gathered the necessary evidence to support your claim, it’s time to send a demand letter to whatever party or parties are liable for your injuries. This letter will include a basic description of the case, as well as the compensation you are seeking for your injuries.

Proceed Toward Settlement or Trial

The next step in the truck accident process is settlement negotiations between your lawyer and the insurance company. Settlement negotiations can be lengthy, as your lawyer will be fighting for fair compensation while the other side will be fighting to pay as little as possible for your claim.

If a fair settlement cannot be reached, it’s time to prepare for a civil trial. Should your case go to trial, you will work closely with your attorney to develop a clear, convincing courtroom strategy.

Contact a Jackson Truck Accident Lawyer Now 

The truck accident attorneys at Derek L. Hall, PC have more than 25 years of experience serving those who’ve been hurt in Jackson and throughout Mississippi. When you reach out to us, we’ll provide you with an honest, straightforward evaluation of your case, your rights, and your legal options. Call us, chat with us live, or fill out a contact form now to get started.

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Mississippi motorcycle laws grant bikers the same privileges as all other motorists. Despite these rules, motorcyclists frequently encounter drivers who do not exercise the caution and care that they should. Violating traffic laws increases the chances of a dangerous motorcycle accident ― and unfortunately, riders and their passengers tend to suffer the worst injuries.

At Derek L. Hall, PC, we are committed to holding negligent drivers accountable when their careless actions harm others, especially motorcyclists. Negative stereotypes paint bikers as reckless daredevils on the roads. They’re not true, but these biases can make it tough for motorcyclists to recover compensation after an injury.

Hurt in Jackson, MS? You need outstanding legal support from a top motorcycle accident lawyer. Call or contact Derek L. Hall, PC for a free consultation today.

Mississippi Helmet Law

All motorcycle operators and passengers are required to wear a helmet in Mississippi. Riding without a helmet is a misdemeanor under §63-9-11 of the Mississippi Code, with a fine of no more than $100 and up to 10 days in jail. Penalties increase for subsequent violations.

Beyond the penalties, the Mississippi helmet law keeps people alive. The National Highway Traffic Safety Administration (NHTSA) estimates that motorcycle helmets saved 25,000 lives nationwide over a 17-year period. The Centers for Disease Control and Prevention (CDC) adds that helmets reduce the risk of death in a motorcycle accident by 37 percent and the risk of a head injury by 69 percent.

NHTSA provides guidance on how to choose the right motorcycle helmet and how to identify unsafe ones. Protect yourself by purchasing a DOT-compliant helmet and wearing it.

Motorcycle License Requirements

All bikers must have a Mississippi motorcycle license. More specifically, they must have a motorcycle endorsement on their regular Class R driver’s license. Operators obtain the endorsement by passing written and riding tests. Your bike also must be inspected before hitting the roads.

Getting the proper license endorsement complies with the law, but it also strengthens your legal case if a motorcycle accident happens. If you were driving a motorcycle without a license when the crash occurred, you might have a harder time getting the compensation you need. You’d be well-advised to speak with a motorcycle accident lawyer if you were unlicensed at the time of your wreck.

Driving Under the Influence

Operating a motorcycle while intoxicated is illegal in Mississippi. The danger of riding a motorcycle while under the influence of alcohol or narcotics is extreme. If a rider is suspected of DUI, they will be administered a chemical test of their breath, blood, or urine. Any driver with a blood alcohol content (BAC) above 0.08 is considered legally intoxicated.

Adult first-time offenders may pay a fine between $250 and $1,000 and spend up to 48 hours in jail.  Attendance at a victim impact panel could replace jail time. Furthermore, a motorcyclist convicted of drunk driving will have their license suspended for between 30 and 90 days, and they must attend the Mississippi Alcohol Safety Education Program.

Motorcycle Lane Splitting

Motorcycle riders often split lanes—that is, travel between the designated traffic lanes— to navigate through traffic or pass larger vehicles. Riders tend to agree that lane splitting can reduce the risk of a motorcycle accident by lane splitting.

Mississippi law does not designate lane splitting specifically as legal or illegal. That said, riders should engage in lane splitting with extreme caution since it could result in serious injury.

Another reason to avoid lane splitting is its potential impact on a personal injury claim. Mississippi awards compensation based on the percentage of fault a person is assigned for an accident. The greater your portion of fault, the less money you receive.

Motorcycle Accident Injuries

 A motorcycle accident can be devastating to both riders and their passengers. The most current NTHSA data shows 5,014 motorcycle riders died in motorcycle accidents in a recent year and were almost 29 times more likely than passenger vehicle occupants to die in a crash per vehicle miles traveled.

Common motorcycle accident injuries include:

• Road rash: Severe abrasions can occur when skin meets the road. Proper protective clothing can help to prevent severe injury and scarring. Sturdy leather apparel such as gloves, pants, jackets, and boots can guard against road rash.
• Head injuries: A traumatic brain injury (TBI) can cause devastating harm. Follow the Mississippi helmet law to prevent life-changing head injuries. A full-face helmet offers even more protection in a crash.
• Neck injuries: Even a low-speed motorcycle crash can cause painful injuries to the delicate tissues of the neck. Whiplash is a common neck injury.
• Leg and foot injuries: Motorcycle boots that rise above the ankle can reduce the risk of fractures, lacerations, and sprains.

Penalties for Violating Mississippi Motorcycle Laws

In addition to the criminal penalties of violating motorcycle laws, there may be civil penalties if that violation led to another individual’s injury. Operating a motorcycle without a license and failing to follow the road rules can be used against the motorcyclist if a victim seeks financial compensation for the damage they caused.

Contact a Motorcycle Accident Lawyer in Ridgeland, MS

You shouldn’t have to pay for your injuries if someone else’s carelessness caused a motorcycle accident. Get the attorneys at Derek L. Hall, P.C. on your side. Our Mississippi motorcycle accident lawyers will fight fiercely for the financial compensation you need to move on with your life.

We’re known as “The Heavy Hitter” for good reason. Our attorneys don’t pull punches when dealing with negligent motorists and their insurers. You can count on us to stand up for your rights and pursue the results you deserve.

If you want it all, you oughta call Hall. Reach out to us today for a free consultation.

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In the immediate aftermath of a car accident, it’s common to feel confused and overwhelmed, especially if you’ve been injured. You may ask yourself, was it the other driver’s fault? Am I to blame as well? The answer to this question, however, can determine how much compensation you may be due after a collision. You may be partially responsible, but that does not prohibit you from seeking money for your injuries in a car accident in Mississippi.

Sometimes it takes a skilled investigation to get to the heart of who is to blame. At Derek L. Hall, PC, we have the experience to thoroughly investigate serious car accidents. With the evidence we gather, we can help you build a claim demonstrating why you deserve fair compensation, even if you were partially at fault for the accident. Before you talk to anyone, contact an experienced Mississippi car accident lawyer with Derek L. Hall, PC today.

How Is Partial Fault in an Accident Determined?

In a motor vehicle injury claim, the fault is determined by examining all the evidence presented by those involved in the car accident. This evidence may include: 

• Witness statements 
• Police reports 
• Medical documentation 
• Vehicle damage 
• Surveillance video 
• Phone records

Calling an attorney right away is vital because an attorney can conduct a complete investigation into the cause of the crash. An investigation may include securing crucial evidence and even hiring accident reconstruction experts to help identify liable parties. 

Pure Comparative Fault and Contributory Negligence in Mississippi

While you may be partially at fault, the amount of liability you bear for causing an accident can have a significant impact on the amount of compensation you may be due. Mississippi follows a pure comparative negligence model when it comes to assigning blame for a car accident. 

Comparative negligence means that even though you may have played a role in causing the accident that injured you, that doesn’t bar you from collecting compensation. However, it does mean that your compensation may be reduced in proportion to your percentage of fault. 

For example, let’s assume that the value of your personal injury claim is worth $20,000. However, it’s determined that you are 25 percent responsible for the car accident. The comparative negligence system dictates that you can claim the total amount of damages minus 25 percent. If the damages are $20,000, then you can recover a total of $15,000.

Mississippi’s pure comparative negligence doctrine means that even if you are mostly at fault for causing an accident, it is still possible to sue and collect damages. This model is significantly different from contributory negligence states. In contributory negligence states, if your actions even remotely contributed to a crash, you may be prevented from recovering any compensation.

What to Do After an Auto Accident Where You Could Be Partially at Fault

If you believe your actions contributed to a serious car accident, contact an attorney as soon as possible. You have rights, and an attorney can help protect them. Next, you will want to let your attorney handle the talking. Throughout the process, it’s important that you do not admit fault to the other driver or the insurance company. Let a complete and impartial investigation uncover all the facts first. You don’t know what you don’t know.

While an investigation is underway, stay off social media and do not talk about the accident online. Your words, no matter how innocent, could be manipulated or used against you. Let your attorney handle all communication with the insurance company or other involved parties.

What Happens if an Accident Is Not Your Fault?

If the investigation determines that you are not at fault for the accident, you may be able to recover compensation for the full extent of your damages. A lawyer can help negotiate for fair compensation on your behalf. 

Contact a Car Accident Lawyer Today

If you have been involved in a car accident and think you may be partially to blame, you still have legal options for recovering compensation. Talk to an experienced Mississippi car accident attorney at Derek L. Hall, PC to find out how we may be able to help you seek the financial recovery you deserve. Contact us online today for your free initial consultation.

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When you’re involved in a car accident, any damage to your car will likely reduce its value. This is true even if the car is fully repaired, as future buyers will be a little wary of buying a vehicle that’s been in a crash.

If you’re thinking about selling your car after an accident, it’s important to be aware that you may be dealing with a diminished car value. If the crash was caused by someone else’s negligence, you may be able to recover compensation for the diminished car value after an accident.

For more information on how to determine the diminished value after a car accident, contact a Mississippi car accident attorney from the law offices of Derek L. Hall, PC.

What Is Diminished Value?

Simply put, the diminished car value is the difference between what your vehicle was worth before an accident and what it’s worth after the accident. Even if your car is fully repaired after the crash, any potential future buyer will be more skeptical of purchasing your vehicle because it has a history of crash damage.

Though your vehicle may be fully repaired, the damage it’s already suffered makes future mechanical failures and additional repair work more likely. This is understandable from a buyer’s perspective, but it’s a frustrating fact for accident victims.

Types of Diminished Value

There are three different types of diminished value that you should be aware of following an accident:

• Inherent diminished value – Any time a vehicle has a history of damage, it’s automatically assumed to be worth less than the same vehicle without any damage. This is known as inherent diminished value. It represents the amount the vehicle’s worth will decrease because of that accident history. One thing to note is that this category of diminished value assumes any repairs done were of optimal quality.
• Immediate diminished value – This represents the difference in a vehicle’s resale value after an accident happens but before any repairs are made. Most insurance companies provide repairs quickly after an accident, so this type of diminished value is rarely used when someone files a diminished value claim.
• Repair-related diminished value – If a vehicle receives low-quality repairs, it may be said to have experienced repair-related diminished value. In essence, this is the decrease in value a vehicle suffers because it is not repaired back to its original state. For example, the paint may have been replaced with a color that doesn’t exactly match, or aftermarket parts are used instead of equipment from the original manufacturer.

How Can My Car’s Value Be Calculated After an Accident?

Most insurance companies use the same calculation to determine a vehicle’s diminished value after an accident. The formula works like this:

• Determine your car’s baseline value by consulting a guide from the National Automobile Dealers Association (NADA) or the Kelley Blue Book.
• Once you’ve figured out your baseline value, apply a 10 percent cap to that value, as this is the maximum amount you’re likely to receive from your insurance company. (You can do this quick calculation by dividing your vehicle’s value by ten.)
• After you’ve applied the 10 percent cap, take that number, and apply a damage multiplier. The more severe the damage is to your vehicle, the less you’re likely to receive for it. The multipliers usually used by insurance companies are:
  • 1.00 – Severe structural damage
  • 0.75 – Major damage to structure and panels
  • 0.50 – Moderate damage to structure and panels
  • 0.25 – Minor damage to structure and panels
  • 0.00 – No structural damage
• Now take that figure and apply a mileage multiplier. The more mileage on your vehicle, the less it’s worth. The multipliers usually used at this step in a diminished value calculation are:
  • 1.00 – 0-19,999 miles
  • 0.80 – 20,000-39,999 miles
  • 0.60 – 40,000-59,999 miles
  • 0.40 – 60,000-79,999 miles
  • 0.20 – 80,000-99,999 miles
  • 0.00 – 100,000 miles or more

That’s a lot of numbers, so let’s use a practical example. Suppose you have a vehicle with a baseline value of $20,000. The vehicle has 25,000 miles and sustained minor structural damage.

To determine the vehicle’s diminished value, you would take 20,000 and multiply it by 0.10 to account for the 10 percent insurance cap, giving you a figure of $2,000. Then you would multiply $2,000 by 0.25 to account for the structural damage, which would give you a value of $500. Finally, you would multiply $500 by 0.80 to get your final diminished value of $400.

How Our Car Accident Attorneys Can Help

If you’ve been involved in an accident and your vehicle lost a lot of its value, a car accident lawyer at Derek L. Hall, PC can help you file a claim to recover compensation for the vehicle’s diminished value. We can help make sure the paperwork is filed correctly and include the diminished value as part of a broader personal injury claim against the party who caused the accident. To learn more, contact our office today for a free initial consultation.

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The Department of Veterans Affairs (VA) regularly conducts medical re-examinations of veterans with disabilities in order to determine whether the severity of a veteran’s disability has improved. When veterans receive disability benefits, VA will assess whether or not a veteran’s injuries are likely to improve. If they are, they will schedule a VA claim reevaluation in the future, at which time they will reevaluate a veteran’s level of eligibility to receive disability benefits.

If you have received notice that your claim is being reviewed, it is crucial that you contact an experienced attorney who can advise you on the steps you can take to increase the likelihood of maintaining your benefits. Contact a Jackson VA benefits lawyer at Derek L. Hall, PC for a free and confidential case review.

What Is a VA Re-Examination and Re-Evaluation?

A VA disability rating re-examination may consist of either a simple medical evaluation or a hospital stay. VA representatives often complete simple medical evaluations over the phone or in person. If the veteran has more severe disabilities, they may be observed during a hospital stay. Veterans may have their disability benefits reduced or even terminated as a result of a re-examination if the examination reveals that their disability has improved.

VA uses a disability rating system ranging from 0 percent to 100 percent that dictates the amount of benefits a veteran is eligible to receive each month. When a veteran’s injuries improve, their disability rating may change.

When Does VA Reevaluate Your Service-Connected Disability?

After a veteran is initially awarded disability benefits, VA will schedule another re-examination for a veteran whose disability is likely to improve over the years. The first time that the VA re-examines a veteran’s disability is usually six months after the veteran leaves military service. The VA disability revaluation timeline depends on the nature and severity of your disability. Your re-examination will typically be scheduled for some time between two to five years from the date that you are initially awarded disability benefits.

The VA can also call for a re-examination anytime evidence surfaces that a veteran’s disability may have improved. Veterans whose disability has improved may see a reduction in their benefits as a result. If the disability worsens at any time in the future, the veteran can write to the department requesting an increase in benefits. They must include medical documentation proving that their condition has degenerated.

What Happens If You Receive Notice of a Proposed Rating Reduction?

If you are a disabled veteran and VA proposes a decrease in your disability benefits, they are required to notify you if the proposed decrease will lower the amount of compensation you are entitled to each month. It’s worth noting that the proposal is simply that: a proposal. It isn’t a final decision. You will have a limited time to respond to the proposed reduction if you believe it is unfounded.

Specifically, you will have a 60-day window to present evidence showing why you believe your benefits should not be reduced. You will also have 30 days, or the first half of that 60-day window, to request a hearing in your case. At the hearing, you can present evidence in person, including medical records and other documentation, to show why you believe the proposal is unwarranted.

It is imperative that you show up for your re-examination. If you aren’t able to attend the examination due to unforeseen circumstances, you must call and reschedule the examination (and it’s best if you have a good reason for why you can’t make the appointment). Missing the appointment will likely result in an automatic reduction or termination of your disability benefits.

When the VA makes their final decision regarding a proposed decrease in your benefits, they must consider all evidence that you submitted during the 60-day window after they sent the proposal, as well as the full medical history that the VA already has on file in your case.

In the event that the VA fails to notify you of their proposal to reduce your disability benefits, you have the right to have your full disability benefits rate restored.

When Are Veterans in Jackson Protected from Reevaluations and Rating Reductions?

Certain veterans are protected from re-examinations and having their disability rating reduced. If you belong to one of the following groups of veterans and you receive a proposal for a reduction of your disability benefits, it might be a clerical error. While there are exceptions, the following groups typically don’t have to undergo re-examinations and won’t have their ratings reduced:

• Veterans who are over the age of 55.
• Veterans who have permanent disabilities, such as amputees and quadriplegics. In such cases, VA can be sure that you will carry that disability with you for the remainder of your life and that your disability has no chance of improving. Veterans who have permanent disabilities that stem from an underlying disease are also included.
• Veterans who have had the same rating percentage for 20 years or longer. This is known as a “continuous rating.”
• Veterans who already have the lowest possible rating, because the minimum rating can’t be reduced.
• Veterans whose disability rating is 100 percent, the highest possible rating. In such cases, the veteran usually either has one disability that meets the 100 percent threshold or has multiple disabilities whose total rating adds up to 100 percent.
• Veterans whose rating has remained the same for at least five years or longer. Veterans whose ratings have remained the same for this period of time have what’s known as a “stabilized rating.” This means that your disability has not improved over a period of five years or more. If the VA proposes to reevaluate veterans with stabilized ratings, they must prove that the individual’s disabilities have steadily improved over a period of time. Even if your disability shows some signs of improvement, VA will have to prove that the improvement isn’t just temporary.

Contact an Experienced Veterans Benefits Lawyer in Jackson, MA Now

At Derek L. Hall, PC, we salute those who have sacrificed so much defending our country. If you are a veteran whose benefits have been wrongfully reduced or terminated, our veteran law attorneys are here to help. We have a strong track record of helping veterans secure the benefits they are entitled to and will work tirelessly to help you build the strongest possible case. Contact us today for a consultation to get started.

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