For thousands of drivers, the daily commute on U.S. Highway 49 or the heavy traffic along Hardy Street is a familiar routine. The constant flow on Interstate 59 is simply the backdrop of life in Hattiesburg—until, in a single, violent instant, it’s not. The screech of tires and the shattering impact of a collision mark the end of normalcy and the beginning of a daunting new reality.
Afterward, victims are confronted with more than just physical injuries. They face a sudden and complex battle against accumulating medical debt, lost wages, and insurance carriers trained to protect their profits, not the well-being of the injured. This is a fight no one should endure alone. Dealing with the complex legal system requires proven experience and a fierce advocate. The guidance of an accomplished Hattiesburg car accident lawyer is the decisive step toward leveling the playing field and securing the justice you are owed.
At Richard Schwartz & Associates, we understand the stakes. Let us handle the fight so you can focus on healing. Contact our team today for a free, no-obligation evaluation of your case.
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Hattiesburg Car Accident Lawyer Guide
- Why Choose Richard Schwartz & Associates for Your Hattiesburg, MS Car Accident Claim
- Should I Accept the First Settlement Offer from the Insurance Company?
- Laws that Impact Car Accidents in Mississippi
- How Our Lawyers Prove Negligence in Hattiesburg, Mississippi Car Accident Cases
- Compensation Available in a Hattiesburg Car Accident Lawsuit
- Hattiesburg Car Accident Lawyer FAQs
- Contact Our Experienced Hattiesburg Car Accident Lawyers
Why Choose Richard Schwartz & Associates for Your Hattiesburg, MS Car Accident Claim
When you’re choosing a law firm to represent you after a serious car accident, you need a team with a proven track record, deep community roots, and a genuine commitment to your well-being. At Richard Schwartz & Associates, we combine the resources of a nationally recognized firm with the personalized care of a local practice that has served Mississippians for over 40 years.
Here’s why so many families in Hattiesburg and across Mississippi trust us with their fight:
- Decades of Experience & Billions Recovered: Our attorneys bring over four decades of combined experience to your case. We have successfully recovered over $1 billion for our clients, demonstrating our ability to take on the largest insurance companies and win.
- Compassion is Our Foundation: Our mission is "Leading with Compassion. Winning with Excellence." We know you are more than a case file; you are a person, a neighbor, and a member of our community. We treat you with the dignity, respect, and empathy you deserve.
- Deep Mississippi Roots: As Richard Schwartz says, “Our roots run deep with the communities we serve.” We are a Mississippi law firm through and through, with offices in Hattiesburg and across the state. We are dedicated to serving the families who have welcomed us as their own.
- Unwavering Dedication & Resources: We have been ranked among the top Personal Injury firms in the state because we work tirelessly for our clients. Our extensive resources allow us to conduct thorough investigations, hire top experts, and build the strongest possible case on your behalf.
When you choose us, you can rest assured that our care for you extends far beyond the courtroom. We are here to guide you through every step of this difficult journey.
Should I Accept the First Settlement Offer from the Insurance Company?
It is one of the first calls you will likely receive after your accident—an insurance adjuster from the at-fault driver's policy. They may sound friendly and concerned, and they will almost certainly make you a settlement offer. It might even seem like a reasonable amount of money, especially when medical bills are starting to arrive. We understand the temptation to accept this offer and put the entire ordeal behind you.
However, we strongly urge you to be cautious. You should never accept a first settlement offer without first speaking to an experienced car accident attorney.
Insurance companies are for-profit businesses. Their primary goal is to protect their bottom line by paying out as little as possible on claims. The first offer they make is almost always a "lowball" offer, calculated to be just enough to tempt you into signing away your rights. The adjuster is counting on you not knowing the true value of your claim or the full extent of your future needs.
When you accept a settlement, you will be required to sign a release form that permanently absolves the insurance company and the at-fault party from any future liability related to the accident. This means:
- If your injuries worsen or require unexpected future surgery, you cannot ask for more money.
- If you discover you need long-term physical therapy or rehabilitation, those costs will come out of your own pocket.
- If you are unable to return to work for longer than you anticipated, you cannot be compensated for that additional lost income.
The initial offer rarely accounts for non-economic damages like your pain, suffering, and emotional distress. An experienced car accident attorney from Richard Schwartz & Associates can accurately calculate the full and fair value of your claim, including both current and future expenses, and negotiate aggressively with the insurance company on your behalf to ensure you are not taken advantage of during a vulnerable time.
Laws that Impact Car Accidents in Mississippi
Mississippi has specific laws that will directly influence your ability to recover compensation. Our legal team has an in-depth understanding of these statutes and can use them to build a powerful case for you. Here are three of the most important laws to understand.
Mississippi is an At-Fault Insurance State
Mississippi operates under a traditional "fault-based" or "tort" system for car accidents. This means that the person who is found to be legally at fault for causing the accident is responsible for paying for the damages they caused. This is different from "no-fault" states, where your own insurance policy covers your initial losses regardless of who caused the crash.
In a fault-based system like ours, you generally have three options for seeking compensation:
- File a claim with the at-fault driver's liability insurance provider.
- File a claim with your own insurance company (if you have applicable coverage like MedPay or Uninsured/Underinsured Motorist coverage).
- File a personal injury lawsuit directly against the at-fault driver in civil court.
Because proving fault is the cornerstone of your claim, a thorough investigation is critical. Our team will work quickly to gather evidence, such as the police report, witness statements, photos of the scene, and expert analysis, to definitively establish that the other party’s negligence caused your injuries.
Mississippi's Statute of Limitations for Personal Injury Claims
The law places a time limit on your right to file a lawsuit, known as the statute of limitations. In Mississippi, the statute of limitations for most personal injury cases, including those arising from car accidents, is three years from the date of the accident.
While three years may sound like a long time, it can pass very quickly when you are focused on medical treatments and recovery. It is crucial to contact an attorney as soon as possible after your accident. Waiting too long can jeopardize your case because evidence can disappear, witnesses' memories can fade, and crucial deadlines can be missed. If you fail to file a lawsuit within this three-year window, the court will almost certainly dismiss your case, and you will lose your right to seek any compensation forever.
Mississippi's Pure Comparative Negligence Rule
In many car accidents, the insurance company for the other driver may try to argue that you were partially to blame for the collision. Mississippi law addresses this situation with a legal doctrine called "pure comparative negligence."
This rule means that you can still recover damages even if you are found to be partially at fault for the accident. Your total compensation award will simply be reduced by your percentage of fault. For example, if you are awarded $100,000 in damages but are found to be 20% responsible for the crash (perhaps for speeding slightly), your final recovery would be reduced by 20%, leaving you with $80,000.
Insurance companies are skilled at trying to shift blame to victims to reduce their payout. Our job is to build a strong case that minimizes any fault attributed to you and maximizes your rightful compensation.
How Our Lawyers Prove Negligence in Hattiesburg, Mississippi Car Accident Cases
To win a car accident case in Mississippi, we must prove that the other party was "negligent." In legal terms, negligence is the failure to use the level of care that a reasonably prudent person would have used under the same circumstances. It’s the legal basis for almost all personal injury claims. Simply put, we have to show that the other driver acted carelessly and that their carelessness directly caused your injuries.
To establish negligence, our Hattiesburg car accident lawyers must prove four specific elements:
- Duty of Care: First, we must show that the other driver owed you a legal duty of care. This is the most straightforward element in a car accident case. Every person who gets behind the wheel of a vehicle has a legal obligation to operate it safely and obey all traffic laws to avoid harming others on the road.
- Breach of Duty: Next, we must prove that the driver breached, or violated, that duty of care. This is the act of carelessness that caused the accident. Examples of a breach of duty include speeding, running a red light, texting while driving, driving under the influence of alcohol or drugs, tailgating, or making an unsafe lane change.
- Causation: Third, we must connect the breach of duty directly to your injuries. It is not enough to show that the other driver was careless; we must prove that their specific carelessness was the direct and proximate cause of the accident and the harm you suffered. For example, we must show that the driver's act of running the red light—and not some other factor—is what caused the T-bone collision that broke your leg.
- Damages: Finally, we must demonstrate that you suffered actual, compensable losses as a result of the accident. These are known as damages and can include a wide range of harms, such as medical expenses, lost wages from being unable to work, property damage to your vehicle, and your physical pain and emotional suffering.
Our experienced legal team knows exactly what evidence is needed to prove each of these four elements, from accident reconstruction reports and cell phone records to medical records and expert testimony.
Compensation Available in a Hattiesburg Car Accident Lawsuit
No amount of money can truly undo the trauma and pain of a serious car accident. However, securing a fair settlement or verdict can provide the financial stability you and your family need to move forward and access the best possible care. In a Mississippi personal injury claim, you can seek compensation for a wide range of losses, including:
- Current and future medical expenses (hospital stays, surgery, medication, physical therapy)
- Lost wages and income for the time you were unable to work
- Loss of future earning capacity if your injuries prevent you from returning to your job
- Property damage to your vehicle and other personal items
- Out-of-pocket costs for things like transportation to doctor’s appointments
- Pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Permanent disability, scarring, or disfigurement
- Loss of consortium (the impact on your spousal relationship)
In cases where the at-fault party’s conduct was particularly egregious, such as in a severe drunk driving accident, a court may award punitive damages. These are not meant to compensate you for a loss but rather to punish the defendant for their reckless behavior and deter similar conduct in the future.
Hattiesburg Car Accident Lawyer FAQs
It’s natural to have many questions after a crash. Below are answers to some of the questions we hear most often from our clients in Hattiesburg.
How much does it cost to hire a car accident lawyer?
At Richard Schwartz & Associates, we handle all personal injury cases on a contingency fee basis. This means you pay absolutely no upfront costs or attorney's fees. We only get paid if and when we successfully recover compensation for you through a settlement or verdict. Our fee is a pre-agreed-upon percentage of your recovery, so there is no financial risk to you.
Do I still have a case if I believe my injuries are minor?
Yes. You should never assume an injury is "minor" without a full medical evaluation. Adrenaline can mask pain, and serious injuries like whiplash, concussions, or internal bleeding may not show immediate symptoms. Furthermore, even seemingly minor injuries can result in significant medical bills and time away from work. It is always wise to speak with an attorney to understand your rights, regardless of the perceived severity of your injuries.
How long will it take to resolve my car accident case?
The timeline for a car accident case can vary widely depending on its complexity. A straightforward case with clear liability might settle in a few months. A more complex case involving severe injuries or disputed fault could take a year or more, especially if it goes to trial. We prioritize reaching a fair settlement efficiently, but we will never sacrifice the quality of your outcome for a quick resolution. We will be with you for as long as it takes to secure the justice you deserve.
Contact Our Experienced Hattiesburg Car Accident Lawyers
After a car accident, you may feel like your world has been shattered. The path forward can seem uncertain and intimidating, but you do not have to walk it alone. The compassionate and dedicated team at Richard Schwartz & Associates is here to stand by your side, protect your rights, and fight for the full and fair compensation you need to rebuild your life.
For more than 40 years, we have been Mississippi’s law firm, helping families just like yours in Hattiesburg and across the state. If you are searching for a trusted Hattiesburg personal injury lawyer, we have the experience, the resources, and the unwavering commitment to take on the insurance companies and win. Your fight is our fight.
Let us put our strength and compassion to work for you. We are available 24/7 to listen to your story.
Contact Richard Schwartz & Associates Injury Lawyers, now at (601) 988-8888 or through our online form for your free, confidential consultation.
Schedule A Free Case Consultation