After being hit by a car, medical bills start arriving, and you may be missing work and feel uncertain about the future. A Hattiesburg pedestrian accident lawyer can help you pursue the compensation you need to move forward.
Instead of worrying about medical bills and insurance adjusters, you can focus on healing. Our team is ready to lift that burden and manage the details of your claim, giving you the space you need to recover.
Call Richard Schwartz & Associates at (601) 299-4540 to find out how we can help.
Table of Contents
- Key Takeaways
- Why Choose Richard Schwartz & Associates for Your Hattiesburg Pedestrian Injury Claim
- Recovering Compensation With a Hattiesburg Pedestrian Accident Lawyer
- Proving Fault in a Mississippi Pedestrian Accident
- The Role of a Hattiesburg Pedestrian Accident Lawyer
- Mississippi Laws That Affect Your Claim
- FAQ for Hattiesburg Pedestrian Accident Lawyer
- Translating Uncertainty Into a Clear Path Forward
Key Takeaways
- Mississippi law establishes clear duties for drivers to exercise care and avoid colliding with pedestrians.
- You may pursue compensation for medical expenses, lost income, pain and suffering, and other damages.
- Insurance companies often try to minimize payouts or shift blame onto the injured pedestrian.
Why Choose Richard Schwartz & Associates for Your Hattiesburg Pedestrian Injury Claim
Richard Schwartz & Associates has deep roots in Mississippi and a long history of representing the injured. We offer the local knowledge and legal experience your case demands.
We’re Part of the Hattiesburg Community
Our attorneys get Hattiesburg. We know the traffic patterns on Hardy Street during USM game days and the busy intersections around Turtle Creek Mall. We’re familiar with the crosswalks in Downtown Hattiesburg and the popular walking paths along the Longleaf Trace.
Our local insight allows us to better investigate accidents in our community than distant, national firms. We’re never far away when you need us.
We Assemble All Elements of Your Case
A successful case requires meticulous preparation. We gather police reports from the Hattiesburg Police Department, obtain medical records from Forrest General Hospital, and interview witnesses. Our team knows how to build a case piece by piece.
We work to assemble every document and fact into a comprehensive claim, leaving nothing to chance. You can focus on your physical recovery while we manage the legal details.
We Articulate Your Story With a Clear Voice
We are your advocate and will articulate the full extent of your injuries and losses to insurance adjusters and, if necessary, to a court. We present a clear, fact-based narrative demonstrating the other party's fault and the impact of this event on your life.
You don’t have to speak with insurance representatives who may try to use your words against you. Let our team speak for you. Contact Richard Schwartz & Associates at (601) 299-4540 today.
Recovering Compensation With a Hattiesburg Pedestrian Accident Lawyer
Pedestrian accidents usually cause substantial financial strain. Your injuries may prevent you from working while your medical bills continue to grow. The good news is that you can seek recovery for these and other losses.
A Hattiesburg pedestrian accident lawyer can help you identify and value all potential damages in your claim. Compensation generally falls into two types: economic and non-economic damages.
Economic Damages
These are the direct financial losses resulting from the accident. We document their monetary value with bills, receipts, and employment records. The goal is to recover what you have lost and may lose in the future.
Common examples include:
- Medical Expenses: This covers everything from the initial emergency room visit and ambulance ride to surgeries, hospital stays, physical therapy, and future medical needs.
- Lost Wages: We calculate the income you have lost due to being unable to work during your recovery.
- Loss of Future Earning Capacity: If your injuries prevent you from returning to your previous job or working at the same capacity, you may seek compensation for this diminished earning potential.
Non-Economic Damages
These damages compensate you for the non-financial impact of the accident. Though they don't have a specific price tag, their effect on your life matters. An experienced attorney knows how to value these personal losses fairly.
Examples of non-economic damages include:
- Pain and Suffering: This refers to the physical pain and emotional distress caused by the accident and your injuries.
- Loss of Enjoyment of Life: You may pursue compensation if your injuries prevent you from participating in hobbies and activities you once enjoyed.
- Emotional Anguish: Accidents sometimes lead to anxiety, depression, and other forms of mental distress. You may recover damages for mental anguish.
Proving Fault in a Mississippi Pedestrian Accident
To secure compensation, your Hattiesburg pedestrian accident lawyer must prove that the driver was negligent. In legal terms, negligence means the driver failed to act with reasonable care, and this failure caused your injuries. There are four elements of negligence.
1. The Driver’s Duty of Care
All drivers in Mississippi have a duty to operate their vehicles safely and responsibly. This includes obeying traffic laws, being aware of one's surroundings, and watching for pedestrians. This legal obligation is known as the duty of care.
2. The Driver Breached Their Duty
Next, we must show that the driver breached this duty. A breach can occur in many ways, from a clear traffic violation to a simple act of inattention. Proving this breach is a central part of your case.
Examples of a breach of duty include:
- Distracted Driving: Examples include texting, checking social media, talking on the phone, or adjusting the radio instead of watching the road.
- Speeding: Driving over the speed limit reduces a driver's reaction time and increases the severity of an impact.
- Failing To Yield: Drivers must yield the right-of-way to pedestrians in crosswalks and at other specified locations.
- Driving Under the Influence: Operating a vehicle while impaired by alcohol or drugs is a serious breach of duty.
- Ignoring Traffic Signals: Running a red light or a stop sign can have devastating consequences for a pedestrian.
3. Linking the Breach to Your Injuries
We must then draw a direct line from the driver's negligent act to your injuries. This element is known as causation. For example, if a driver ran a stop sign and hit you in the crosswalk, their action is the direct cause of your injuries.
The other party's insurance company may try to argue that something else caused your injuries. We use evidence to connect the driver's breach directly to the harm you suffered. We work to assemble a clear and logical argument based on the facts.
4. Documenting Your Damages
Finally, we must present detailed documentation of your damages. Comprehensive medical records, proof of lost income, and expert testimony all help to show the full extent of your losses. A detailed presentation of damages strengthens your position during settlement negotiations or at trial.
The Role of a Hattiesburg Pedestrian Accident Lawyer
If you were struck by a car, you face a complex legal and insurance system to recover compensation. The other party's insurance company has adjusters and lawyers working to protect its interests.
A Hattiesburg pedestrian accident lawyer provides critical support by managing every aspect of your case so you can focus on your health.
An experienced attorney handles many critical tasks, including:
- Comprehensive Investigation: Your attorney will independently gather and analyze all evidence, including police reports, witness statements, and surveillance footage, to build a strong foundation for your claim.
- Complete Damage Calculation: We decipher the actual value of your case by documenting all current and future medical needs, lost income, and the non-economic impact of your injuries, such as pain and suffering.
- Insurance Communications: Our team handles all correspondence and negotiations with the insurance company, protecting you from adjusters who may try to devalue or deny your claim.
- Strategic Negotiation: We assemble and articulate the facts of your case into a persuasive demand package designed to secure a fair settlement that covers all of your losses.
- Trial Preparation: While we aim to settle cases efficiently, we prepare every claim as if it will go to court—our preparation signals to the insurance company that we’re ready to fight for a just outcome.
Mississippi Laws That Affect Your Claim
While various laws dictate who has the right of way and when pedestrians are allowed to cross the street, specific statutes directly affect your claim in terms of compensation.
Pure Comparative Fault
Mississippi uses a legal rule called pure comparative negligence. Under this rule, you can still recover damages even if you were partially at fault for the accident. Your percentage of fault simply reduces your final compensation award.
For example, if you’re found to be 10% at fault, your total award would be reduced by 10%. An insurance company may try to place an unfair amount of blame on you, but we defend you against such tactics.
Statute of Limitations
In Mississippi, the statute of limitations for most personal injury cases is three years from the accident. While that seems like a long time, acting quickly is in your best interests. Over time, evidence can disappear, and witness memories can fade.
Starting the process early allows your Hattiesburg pedestrian injury attorney to conduct a thorough investigation while the facts remain fresh.
FAQ for Hattiesburg Pedestrian Accident Lawyer
How Can a Hattiesburg Pedestrian Accident Lawyer Help Me Prove Negligence?
A Hattiesburg pedestrian accident lawyer proves negligence by conducting a comprehensive investigation. They gather evidence like the official police report, photos from the scene, and traffic camera footage if available.
Your attorney can also identify and interview witnesses to get their accounts of what happened.
What Should I Do After Being Hit By a Vehicle in Hattiesburg?
After a pedestrian accident in Hattisburg, follow all of your doctor’s medical advice and attend all follow-up appointments. Keep a simple journal to document your daily pain levels and how your injuries affect your ability to perform daily tasks.
Keep track of all paperwork, including medical bills, prescription receipts, and any communications you receive from insurance companies.
Don’t post about the accident or your injuries on social media, as this information can be used against you. Finally, contact a Hattiesburg pedestrian injury attorney as soon as possible.
The Driver Who Hit Me Was Uninsured. Can I Still Recover Compensation?
Yes, you may still have options for recovery even if the at-fault driver didn’t have insurance. You may be able to file a claim through the Uninsured/Underinsured motorist (UM/UIM) coverage on your own auto insurance policy, even though you were not driving.
An attorney can review your insurance policies to determine if this is a viable path for your claim.
Do I Have a Case if I Was Jaywalking?
You may still have a case even if you were jaywalking when the vehicle hit you. While pedestrians must follow traffic laws, drivers also have a duty to see what is there to be seen and avoid a collision when possible.
Under Mississippi's pure comparative negligence system, you may still recover compensation even if you were partially at fault. An insurance company will likely try to use jaywalking to deny your claim, but a skilled lawyer knows how to build a counterargument.
What if My Accident Happened in a Parking Lot?
The same principles of negligence apply to accidents that happen in parking lots at places like Turtle Creek Mall or on private roads in a neighborhood like the Avenues. Drivers still have a duty to operate their vehicles with reasonable care and watch for pedestrians.
Investigating these cases can involve unique steps, such as obtaining security camera footage from the property owner.
Should I Talk to the Driver’s Insurance Company?
Let your Hattiesburg pedestrian accident attorney handle all communication with the at-fault driver's insurance company. Adjusters ask questions that may elicit comments that unintentionally hurt your claim.
A simple apology or an innocent comment about your condition may be twisted to suggest you were at fault or that your injuries are not serious. Refer them to your lawyer.
Translating Uncertainty Into a Clear Path Forward
After an accident, the path ahead can seem filled with confusing signals and unfamiliar language. The legal system, insurance policies, and medical records present a complex set of facts that are difficult to interpret on your own.
Let Richard Schwartz & Associates assemble the evidence and articulate your need for a fair recovery. Call us today at (601) 299-4540 to schedule a confidential consultation.