When a drunk driver’s reckless choice upends your life, a civil claim holds the impaired driver financially accountable for the harm they caused. A Hattiesburg drunk driving accident lawyer guides you through the claims process and fights for the compensation you need.
A DUI is a crime, but the criminal case against the driver is entirely separate from your civil claim for financial compensation. The outcome of the criminal case doesn’t automatically provide for your recovery.
You need a dedicated legal advocate to pursue the compensation that helps you rebuild. Contact a Hattiesburg drunk driving injury attorney at Richard Schwartz & Associates today by calling (601) 299-4540.
Table of Contents
- Key Takeaways
- Why Choose Richard Schwartz & Associates for Your Hattiesburg Drunk Driving Accident Lawyer
- The Critical Role of Evidence in Your DUI Accident Claim
- Potential Compensation After a Drunk Driving Collision in Hattiesburg
- Identifying All Liable Parties
- Protecting Your Rights From Insurance Companies
- How Mississippi Laws Affect Your Compensation
- FAQ for Hattiesburg Drunk Driving Accident Lawyer
- We’ll Fight for Your Recovery
Key Takeaways
- A drunk driver's criminal DUI case is separate from your civil personal injury claim; a criminal conviction doesn’t guarantee you financial compensation.
- A lawyer gets to work immediately to preserve evidence after the crash, including photos of the scene, contact information for witnesses, and detailed medical records.
- Insurance companies may offer a quick, low settlement that doesn’t cover the full extent of your long-term damages.
- Mississippi law sets a time limit, known as the statute of limitations, for filing a personal injury lawsuit, making prompt action necessary.
Why Choose Richard Schwartz & Associates for Your Hattiesburg Drunk Driving Accident Lawyer
You need a team that not only possesses legal experience but also has a deep, personal connection to your community. Richard Schwartz & Associates has served Mississisppi for over four decades, building a reputation in Hattiesburg for relentless advocacy and client-focused results.
We’re Part of The Hub City Community
Our firm isn’t an out-of-town operation that just opened a local office. We’re woven into the fabric of Hattiesburg. Our attorneys understand how a serious crash on Hardy Street or U.S. Route 49 disrupts the lives of Hattiesburg residents because these are the roads we travel too.
We know the local courts, the law enforcement agencies, and the medical providers at Forrest General Hospital, which gives our clients a distinct advantage.
A Track Record of Success
With over $1 billion recovered for Mississippi residents, our results speak for themselves. We formulate legal strategies designed to uncover all potential sources of recovery.
A Hattiesburg drunk driving accident lawyer from our firm will meticulously investigate every detail of your case to build a compelling claim on your behalf.
A Team-Based Approach to Your Recovery
When you hire Richard Schwartz & Associates, you don’t just get a single lawyer. You gain an entire team of dedicated legal professionals committed to your case. Our attorneys collaborate, sharing insights and resources to develop the strongest possible arguments.
We manage all communication with insurance adjusters and opposing counsel, allowing you to focus on what matters most: your health and your family. We’re here to answer your questions and guide you through every stage of your drunk driving claim.
When you're ready to take the next step, our team is here to help. For a free and confidential consultation, call a Hattiesburg drunk driving accident lawyer at (601) 299-4540.
The Critical Role of Evidence in Your DUI Accident Claim
A strong claim depends on substantial evidence. While the fact that the other driver was intoxicated is powerful, your Hattiesburg impaired driving attorney still must prove that their negligence directly caused your injuries and quantifiable damages.
Our team acts quickly to gather and preserve all relevant information. We analyze key pieces of evidence to construct your case, such as:
- Police Report: The official report contains the responding officer’s observations, results of field sobriety or breathalyzer tests, witness statements, and often an initial determination of fault.
- Medical Records: These documents create a direct link between the accident and your injuries. They detail the severity of your condition, the treatments you received, and the prognosis for your recovery.
- Witness Testimony: Independent witnesses who saw the crash or observed the other driver's behavior can provide powerful, unbiased accounts that corroborate your version of events.
- Scene Evidence: Photographs or videos of the accident scene, vehicle damage, and your injuries can be compelling visual proof of the crash’s violent impact.
Potential Compensation After a Drunk Driving Collision in Hattiesburg
The financial impact of a drunk driving crash extends far beyond initial hospital bills. A personal injury claim aims to secure compensation that addresses the full spectrum of your tangible and intangible losses.
Our Hattiesburg drunk driving injury attorneys work to identify and value every way this incident has affected your life to demand a fair recovery.
Victims of drunk driving can seek several types of damages, including:
- Medical Expenses: This covers all costs related to your injuries, from the initial emergency room visit to ongoing physical therapy, medications, and any future medical care you may require.
- Lost Wages: You may pursue payment for the income you lost while unable to work. This also includes compensation for diminished earning capacity if your injuries prevent you from returning to your previous job.
- Pain and Suffering: This compensates you for the physical pain, emotional distress, and mental anguish caused by the accident and your injuries.
- Property Damage: This payment covers the cost to repair or replace your vehicle and any other personal property that was damaged in the collision.
- Loss of Enjoyment of Life: This compensates you for the inability to participate in and enjoy hobbies or daily activities that were a meaningful part of your life before the injury.
Punitive Damages
In cases of extreme recklessness, Mississippi law allows for the pursuit of punitive damages in personal injury claims. These damages aren’t intended to compensate you for a specific loss but to punish the defendant for their grossly negligent behavior and deter others from similar conduct.
Drunk driving usually meets this threshold. An award of punitive damages sends a clear message that the community will not tolerate such dangerous actions on its roads.
Identifying All Liable Parties
In some drunk driving cases, the intoxicated driver isn’t the only party who bears legal responsibility. Mississippi law allows victims to pursue claims against third parties like bars and restaurants in certain situations.
Mississippi Dram Shop Laws
Under Mississippi's dram shop laws, these establishments have a duty not to serve alcohol to any individual who is "visibly intoxicated." If a vendor serves alcohol to a visibly intoxicated person who then causes an accident, that vendor may be held liable for the resulting damages.
Proving this requires evidence that the employees knew or should have known the person was a danger to themselves or others. We can trace the driver’s actions prior to the crash to see if a third party contributed to the incident.
Social Host Liability
The concept of liability can also extend to social hosts, meaning individuals who host a private party or gathering. Mississippi law states that a social host who serves alcohol to a minor can be held responsible if that minor then causes a drunk driving accident.
The law aims to protect the public by holding adults accountable for illegally providing alcohol to underage individuals. We analyze every detail to see if social host liability applies in your case.
Protecting Your Rights From Insurance Companies
Shortly after an accident, you’ll likely be contacted by the drunk driver’s insurance adjuster. They may seem friendly and concerned for your well-being, but their primary job is to protect their company's financial interests. This means paying out as little as possible on your claim.
Adjusters often use specific tactics to devalue claims, for example:
- Requesting a Recorded Statement: They may ask you to provide a recorded account of the accident, hoping you’ll say something they can use against you later. You’re not obligated to provide one.
- Offering a Quick Settlement: An early offer may seem tempting, but initial offers almost never cover the full long-term cost of your injuries. Once you accept it, you cannot ask for more compensation later.
- Disputing the Severity of Your Injuries: The insurer might question the necessity of your medical treatments or argue that your injuries were pre-existing.
- Shifting Blame: They may even try to argue that you were partially at fault for the accident to reduce the amount they have to pay.
You don’t have to handle these communications alone. A Hattiesburg drunk driving accident lawyer can take over all interactions with the insurance company. We present your claim professionally and negotiate aggressively on your behalf to restore your financial stability.
How Mississippi Laws Affect Your Compensation
Several state laws directly influence how a personal injury claim proceeds and its potential outcome. Two of the most significant legal concepts are the deadline for filing a case and the way courts assign financial responsibility when more than one person is at fault.
The Statute of Limitations
Mississippi sets a firm deadline for filing a personal injury lawsuit, known as the statute of limitations. For most claims, including those arising from a drunk driving crash, you have three years from the date the injury occurred to file a formal lawsuit.
If you fail to file within this period, the court will almost certainly bar your claim permanently, preventing you from recovering any compensation.
The Rule of Comparative Negligence
In some cases, the opposing side may argue that you were partially responsible for the crash. Mississippi follows a pure comparative negligence rule to address these situations.
Under this doctrine, you may still recover damages even if you’re found to be partially at fault, but your financial award is reduced by your assigned percentage of blame.
FAQ for Hattiesburg Drunk Driving Accident Lawyer
What if the Drunk Driver Refused a Breathalyzer Test?
In Mississippi, a driver's refusal to submit to a chemical test like a breathalyzer has immediate administrative consequences, including a license suspension. This refusal doesn’t weaken your civil claim; in fact, it may actually strengthen it.
Your Hattiesburg drunk driving accident lawyer can present the driver's refusal to the jury as evidence of "consciousness of guilt," arguing that the driver knew they were intoxicated and refused the test to hide the evidence.
Will I Have To Go to Court to Resolve My Claim?
The vast majority of personal injury claims resolve through settlement negotiations with the at-fault party's insurance company. We’re often able to secure a fair settlement for our clients without ever stepping into a courtroom.
However, if the insurer refuses to make a reasonable offer that covers the full extent of your damages, we can file a lawsuit and present your case to a jury.
How Does a Hattiesburg Drunk Driving Accident Lawyer Prove a Driver Was Intoxicated?
Your Hattiesburg drunk driving accident attorney uses a combination of direct and circumstantial evidence to prove intoxication. The police report is a primary source, as it will contain the driver's blood alcohol concentration (BAC) from a breathalyzer or blood test if one was administered.
We also use officer testimony about the driver's behavior, evidence of open containers in the vehicle, witness statements, and even receipts from bars or restaurants to establish impairment.
What if the Drunk Driver Was Uninsured?
If the drunk driver who hit you doesn’t have insurance, you may still have options for recovery. You may be able to file a claim under your own insurance policy if you have Uninsured/Underinsured Motorist (UM/UIM) coverage.
Additionally, our investigation may reveal a liable third party, such as a bar that overserved the driver, providing another avenue for compensation.
Should I Wait for the Criminal Case To Conclude Before Filing My Civil Claim?
No, you should not wait. The criminal and civil cases are two separate processes on different timelines. Waiting for the criminal case to finish can delay your financial recovery and put you at risk of missing the three-year statute of limitations.
A conviction or guilty plea in the criminal case can be valuable evidence in your civil claim, but you don’t need it to move forward.
We’ll Fight for Your Recovery
A drunk driving crash is a complex trauma with interconnected consequences that impact your health, finances, and family. You don’t have to put the pieces together on your own. Let Richard Schwartz & Associates handle the legal complexities so you can dedicate your energy to healing.
To speak with a team member about your case, contact Richard Schwartz & Associates at (601) 299-4540 for a free, no-obligation consultation.