See average payouts for Mississippi side-impact accidents with a range of injuries. Find settlements for cases similar to yours.
Side-impact collisions account for more than 23 percent of all traffic accidents each year.¹
The average settlement for a moderate side-impact collision in Mississippi is $50,138. The payouts in our sample range from $1,500 for minor soft tissue injuries to over $4,606,000 for severe brain injuries.
Average Payouts for Mississippi Side-Impact Collisions
Our averages are based on a group of side-impact car accident cases in Mississippi that either settled with the insurance company or won an award in court. Averages reflect actual payouts, not including claims that were denied by the insurance company or cases lost at trial.
Average Payout by Severity of Injury |
|
|---|---|
| Minor Injury | $7,353 |
| Moderate Injury | $50,138 |
| Severe Injury | $1,345,669 |
Payout Range by Type of Injury |
|
| Neck and Back Injuries | $1,500- $77,870 |
| Head Injuries | $10,000 - $4,606,347* |
Factors Affecting Mississippi Accident Payouts
The predominant factor in claim value is the scope and severity of the accident victim’s injuries and the resulting medical costs, lost wages, and pain and suffering. High-speed T-bone accidents and other violent side-impact collisions can be disastrous. Vehicle occupants on the side that takes the hit may suffer life-threatening injuries.
Because Mississippi is an “at-fault” state, accident victims have the right to file a claim with the at-fault driver’s insurance company or file a lawsuit against the at-fault party. Injured victims in Mississippi are not required to use their own insurance for injury claims, as they would in a no-fault state.
Other factors that influence injury payouts in Mississippi include:
- Injury Severity – Life-threatening injuries, or injuries resulting in disfigurement or disability, settle for much higher amounts than minor soft-tissue injuries that eventually heal.
- Shared Fault – Mississippi is a pure comparative fault state. You can file an injury claim against the other party even when you share a large portion of fault for your injuries, so long as you aren’t the only party at fault. Your final payout will be reduced according to your percentage of fault.
- Auto Policy Limits – Mississippi requires drivers to carry insurance no less than $25,000 per person and $50,000 per accident bodily injury liability, and $25,000 property damage liability. The minimum coverage limit won’t be enough to compensate victims with serious injuries.
- Uninsured Motorist Coverage – Mississippi requires insurance carriers to offer uninsured motorist coverage (UM) in an amount up to the policy’s liability limits. The policyholder has the right to reject UM coverage. Drivers with uninsured motorist coverage have a source of compensation for serious injuries caused by someone with no insurance or not enough insurance.
- Multiple Claimants – The at-fault driver’s per-accident liability limit won’t be enough to go around when two or more victims are seriously injured in a side-impact collision.
- Venue and Jurisdiction – Courts in some jurisdictions are known for large jury awards to car accident victims. The at-fault driver’s insurance company may offer a larger settlement to keep your case away from a sympathetic jury.
- Punitive Damages: Punitive damages can only be awarded in court, and only when the at-fault party showed actual malice, gross negligence, or reckless indifference to the rights of others. Mississippi’s punitive damage law requires the judge or jury to limit the amount of punitive damages according to the defendant’s net worth.
Minor Injury Case Examples
Minor injuries from a side-impact car accident will include some minor cuts, bumps and bruises. There may be soft tissue sprains or strains with a few days of stiffness. Most minor injury victims only miss a few days to a week of work and are fully recovered within a month.
Sideswipe Collision Exacerbates Pre-Existing Back Injury
Type of Injury: Aggravated Back Injury
Award/Settlement Amount: $1,500
Case Summary: A vehicle driven by defendant crossed the center line and struck the right side of the plaintiff’s vehicle. Plaintiff suffered exacerbation of pre-existing medical conditions including lumbar strain, burning pain in her left lower back region, muscle spasms and mental anguish as a result of the motor vehicle accident. Defendant admitted liability but claimed plaintiff had a pre-existing condition regarding her lower posterior back region due to a previous rollover accident which was not related to the current accident; that plaintiff suffered only a minor lumbar strain that healed with no permanent or partial impairment; and that plaintiff’s history of obesity contributed to her lower back pain. The jury found for plaintiff and awarded her $1,500 in damages.
Location: Jackson County, Mississippi
Case Name and Docket Number: Allen v. Gentry, 1:11-cv-00313-LG-RHW
Jury Finds Victim Shared Blame for Side-Impact Collision
Type of Injury: Neck and back sprain; left foot injury
Award/Settlement Amount: $6,937
Case Summary: Plaintiff was driving west. Defendant, who had also been headed in a westerly direction, unexpectedly strayed off the highway, and then veered in front of plaintiff’s car, causing a collision. Plaintiff claimed injuries to her left foot, sprains of her neck and back, as well as medical bills and diminished earning capacity. Defendants denied the allegations. They contended that the fault lay with plaintiff, for driving too fast in a vehicle with defective brakes, and failing to maintain a proper lookout. The facts were presented to a Jury, which deemed defendant negligent and 95 percent responsible for the accident. Plaintiff was assigned 5 percent of responsibility. Plaintiff’s award was reduced to $6,937, per fault apportionment.
Location: Madison County, Mississippi
Case Name and Docket Number: McLaughlin v. Drew Freight, Inc, 2011-0250
Side-Impact Crash Award Reduced for Shared Fault
Type of Injury: Neck injury-cervical strain; right knee strain; right ankle strain; right wrist strain; contusion of the right third finger
Award/Settlement Amount: $8,929
Case Summary: Plaintiff was driving southbound when a westbound vehicle operated by defendant failed to stop for a stop sign and collided with plaintiff’s vehicle. Plaintiff claimed he suffered a cervical strain, a right knee strain, a right ankle strain, a right wrist strain and a contusion of the right third finger as a result of the accident. The defendant denied liability and claimed that plaintiff’s alleged injuries and damages were caused by an earlier motor vehicle accident. The jury allocated 95% of the responsibility for the incident to the defendant, and 5% to the plaintiff. The plaintiff’s damages were set at $8,929.08 based on fault apportionment.
Location: Lincoln County, Mississippi
Case Name and Docket Number: Clark v. McCorkle, 2014-0032CV-2L
Arbitrator Decides Fault for Side-Impact Parking Lot Accident
Type of Injury: Injuries to neck and back
Award/Settlement Amount: $12,045
Case Summary: Plaintiff said she drove her vehicle through a parking lot as defendant backed her own vehicle out of a parking space and into the plaintiff’s vehicle, striking it on the front passenger’s side door. Plaintiff claimed injuries to her neck and back. Plaintiff claimed defendant was inattentive and drove too fast for the circumstances. In addition, the plaintiff argued the defendant had defective brakes, failed to apply her brakes in a timely manner and failed to sound her horn. Defendant denied all allegations and the case proceeded to an arbitrator. The arbitrator found defendant liable for the accident, with no contributory negligence on the plaintiff’s part, awarding plaintiff $12,045 in damages.
Location: DeSoto County, Mississippi
Case Name and Docket Number: Tedford v. Cothran, 3:08-cv-00026-WAP-SAA
Moderate Injury Case Examples
Moderate car accident injuries are more extensive and may take weeks or months to heal. Moderate injuries may include closed fractures, bulging or herniated discs, concussions, and multiple soft-tissue injuries.
Some moderate injuries have residual permanent effects. Victims may be out of work for a few months, depending on the physical demands of their employment.
Side-Impact Crash Injury Award Influenced by Later Car Accident
Type of Injury: Strain and sprain of neck and back.
Award/Settlement Amount: $16,500
Case Summary: Plaintiff and the defendant were driving their respective autos in a residential area on the way to work on a clear dry morning. The plaintiff was traveling down a hill and had the right-of-way when the defendant vehicle, coming from a side street, struck the plaintiff broadside. Plaintiff suffered strain and sprain of neck and back without any permanency. Defendant contended he stopped and looked for oncoming traffic at the stop sign but did not see any as he entered the intersection. He further argues that plaintiff was speeding through the intersection. Jury found in favor of Plaintiff, awarding him $16,500 in damages. Per Plaintiff’s Counsel, two months after this accident the plaintiff had a second accident and the overlapping injuries were confusing to the jury, impacting the outcome.
Location: Jackson County, Mississippi
Case Name and Docket Number: Hurst v. DeJong, 3:11cv60
Side-Impact Intersection Crash Injuries Challenged by Defendant
Type of Injury: Spinal nerve with disc injury-herniated disc at L5-S1 and lower lumbar strain; right thigh pain with numbness
Award/Settlement Amount: $31,180
Case Summary: Plaintiff’s vehicle was struck by a motor vehicle driven by defendant at a controlled intersection. Plaintiff suffered a herniated disc at L5-S1, lower lumbar strain, and right thigh pain with numbness, which required him to undergo surgery for an L4-L5 and L5-S1 disc compression. Defendant denied liability. An expert witness for the defendant maintained plaintiff had a lower lumbar strain but also had a diagnosis of degenerative disc disease prior to the motor vehicle accident, and that the plaintiff’s surgery was attributable to his preexisting spinal degenerative disc disease and not caused by or necessary due to the motor vehicle accident. Plaintiff received compensatory pain and suffering award of $31,180 in a jury verdict.
Location: Harrison County, Mississippi
Case Name and Docket Number: Wetzel v. Sears, A2402-14-183; 2015-00903
Side-Impact Accident Caused by Improper Left Turn
Type of Injury: Back injury-herniated disc at L4-L5; nondisplaced linear fracture of left ankle.
Award/Settlement Amount: $75,000
Case Summary: Defendant’s vehicle was stopped waiting to make a left turn. Plaintiff was driving his vehicle in the opposite direction. Plaintiff’s vehicle struck the front driver’s side of defendant’s vehicle. Defendant was ticketed at the scene of the accident for making an improper left turn. Plaintiff said he suffered herniated disc at L4-L5 in back and a nondisplaced linear fracture of left ankle. Defendant admitted liability but contended plaintiff’s back problem was not proximately related to the accident. Jury awarded plaintiff $75,000. Per counsel, plaintiff’s treating physician, was of the opinion that the trauma of the accident resulted in a tear in the annulus of the subsequently herniated disc and that the disc fully ruptured seven months thereafter due to a running incident.
Location: Harrison County, Mississippi
Case Name and Docket Number: Taylor v. Stubblefield, 14-455
T-Bone Intersection Collision Injuries Disputed by At-Fault Driver
Type of Injury: Neck and shoulder injuries-cervical and shoulder strains
Award/Settlement Amount: $77,870
Case Summary: Plaintiff and defendant were operating their respective vehicles on intersecting Streets. Defendant failed to obey a stop sign and ‘T-boned’ plaintiff’s vehicle. Plaintiff suffered cervical and shoulder strains. At the time of the accident, defendant was operating a vehicle owned by Co-defendant. The defendants admitted liability but disputed the plaintiff’s injuries and contended that they were unrelated to the accident. Defendants further contended that plaintiff had a preexisting condition of lupus and was already receiving chiropractic treatment prior to the motor vehicle accident. Jury awarded plaintiff $77,870 in damages.
Location: Madison County, Mississippi
Case Name and Docket Number: Herrington v. Royal Freight, LP, 3:10-cv-00661-CWR-LRA
Severe Injury Case Examples
Severe side-impact collisions often result in multiple injuries resulting in residual impairment, scarring, or disfigurement. Catastrophic injury victims may be totally and permanently disabled. Severe injury victims may be out of work for months, and some are never able to return to work.
Passenger of Drunk Driver Disfigured in Side-Impact Collision
Type of Injury: Nose injury-fractured nasal septum
Award/Settlement Amount: $115,000
Case Summary: Plaintiff was a passenger in a van operated by Defendant. Defendant struck the left front panel of a truck trailer owned by co-defendant. Defendant was arrested for operating a vehicle under the influence of alcohol. Plaintiff said she suffered a fractured nasal septum requiring three surgeries and resulting in disfigurement, minor scarring and permanent functional disability of the nose. She claimed Defendant was reckless in operating his motor vehicle while under the influence of alcohol in violation of the law. Defendant admitted liability but disputed plaintiff’s injuries. Co-defendant blamed defendant for traveling through a red traffic control signal. Further, Defendant’s negligent was the sole proximate cause of the accident. Jury found both defendant at fault for the accident and awarded plaintiff $107,500 against defendant and $7,500 against co-defendant.
Location: Smith County, Mississippi
Case Name and Docket Number: Norwood v. Thompson Transport, Inc., 3:11-cv-00777-HTW-LRA
Motorcyclist and Car Driver Share Fault for Side-Impact Crash
Type of Injury: Multiple leg fractures and a knee injury on left leg
Award/Settlement Amount: $171,000
Case Summary: Plaintiff was operating his motorcycle on a rural highway. Plaintiff approached an intersection with a secondary road and attempted to turn left. Plaintiff’s motorcycle collided with defendant’s automobile which was on the secondary road and attempting to turn right. The defendant was controlled by a stop sign. Plaintiff claimed that defendant ran the stop sign and that the point of collision was beyond the stop sign. Plaintiff said he suffered multiple leg fractures and a knee injury resulting in a 60% disability to the left leg. Defendant contended that plaintiff turned too sharply and that the collision occurred in defendant’s lane of travel. Jury found both plaintiff and defendant equally at fault for the collision. Jury awarded plaintiff $342,000 less 50% comparative fault for a net verdict of $171,000.
Location: Harrison County, Mississippi
Case Name and Docket Number: Fields-Dedeaux v. Masters Trucking, LLC, 1:13-cv-00210-HSO-RHW; 1:13cv210
Comparative Negligence Reduction to Side-Impact Crash Award
Type of Injury: Fractured femur in leg; floating kneecap; broken teeth
Award/Settlement Amount: $686,000
Case Summary: Plaintiff was operating a motorcycle at night on a heavily traveled and well lit roadway. Defendant was driving in the opposite direction. Defendant made a left turn in front of plaintiff’s motorcycle, resulting in a collision. Plaintiff suffered fractured femur in leg, floating kneecap requiring several surgeries, and broken teeth. Plaintiff alleged that defendant driver was negligent in failing to yield the right-of-way and that defendant was acting within the scope of his employment at the time of the accident. Defendants contended that plaintiff was comparatively negligent in traveling at an excessive rate of speed on a motorcycle without lights and in operating his vehicle under the influence of alcohol and narcotics. Plaintiff’s award of $980,000 less 30% comparative negligence yielded a net verdict of $686,000.
Location: Jackson County, Mississippi
Case Name and Docket Number: Bridges v. Enterprise Transportation, 3:05-cv-00786
Truck and Motorcycle Side-Impact Collision Settlement with Reduction
Type of Injury: Crushed left heel and fractured tibia, fibula and femur of the left leg
Award/Settlement Amount: $1,150,000
Case Summary: Plaintiff was riding a borrowed motorcycle. He negotiated a curve and confronted a dump-truck operated by Defendant and owned by co-defendant in his lane of travel. Plaintiff braked, skidded and collided with the rear-tire of the tri-axle dump-truck. Plaintiff’s left heel was crushed. He also suffered fractured tibia, fibula and femur of the left leg. Defendants contended that the accident was caused by plaintiff losing control of his motorcycle due to excessive speed on a curve. Jury found both plaintiff and defendant negligent. Plaintiff’s award of $1,100,000 less 7.5% contributory negligence resulted in net verdict of $1,017,500. Case settled subsequent to verdict for $1,150,000 with $600,000 paid up front and the remaining $550,000 being structured.
Location: Jackson County, Mississippi
Case Name and Docket Number: Calhoun v. Group Contractors, 2:12-CV-00070
Broadside Collision Jury Award for Permanent Brian Injury, Hearing Loss
Type of Injury: Head injury-brain injury, numbness of face and tongue, limitation of opening and closing mouth, inability to chew and hearing loss
Award/Settlement Amount: $4,606,347
Case Summary: Plaintiff’s vehicle stopped at an intersection waiting to turn left. Defendant ran a stop sign and broadsided plaintiff’s vehicle. Plaintiff’s head struck the window on the driver’s side door as a result of the impact. Plaintiff suffered a permanent brain injury, numbness of face and tongue, limitation of opening and closing mouth, inability to chew and some hearing loss. Defendant admitted liability but contended that plaintiff has a pre-existing TMJ condition and that plaintiff’s injuries were pre-existing and not causally related to the accident. Jury returned a plaintiff verdict and awarded him $4,606,347 in damages.
Location: Lafayette County, Mississippi
Case Name and Docket Number: Osby v. L&T Construction, 18-345
Methodology
The averages and ranges used here are from actual Mississippi side-impact cases that we compiled and analyzed.
Averages are calculated by adding all the settlements, arbitration awards, and court awards in a group, then dividing the total by the number of cases in the group. Unusually large payouts in the group may skew the average higher.
The group does not include any wrongful death cases, or cases that were lost at trial. The award or settlement amount for each case reflects the final payout after any reductions for shared fault were applied.