Tupelo Car Accident Lawyer

For thousands of Tupelo residents, the daily commute involves navigating the city’s busiest thoroughfares, from the commercial bustle of Gloster Street and Main Street to the high-speed traffic along US-45. While these roadways are vital to the community, they are also the scene of frequent and often devastating collisions. In an instant, a routine drive can be shattered by the impact of a crash, leaving victims to face not just physical injuries, but a cascade of subsequent crises: mounting medical bills, lost wages from time away from work, and complex negotiations with insurance companies whose interests oppose their own.

Dealing with the fallout of a serious auto accident is a daunting challenge, one where the path to fair compensation is guarded by legal complexities and strict deadlines. For those injured due to another driver's negligence, securing the resources necessary for a full recovery requires skilled and determined legal advocacy. An experienced Tupelo car accident lawyer is an essential ally in this fight, ensuring your rights are protected against powerful insurance interests. Contact the team at Richard Schwartz & Associates today for a free, no-obligation consultation to learn how we can help.

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Why Choose Richard Schwartz & Associates for Your Tupelo, MS Car Accident Claim

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After a car wreck, choosing the right law firm is one of the most important decisions you will make. You need a team with a proven track record, extensive resources, and a genuine commitment to your well-being. For over 40 years, Richard Schwartz & Associates has been that firm for the people of Mississippi. We are proud to be known as “Mississippi’s Law Firm,” a title we have earned through decades of tireless advocacy and exceptional results.

Our roots in the Tupelo community and across the state run deep. We are not just lawyers; we are your neighbors, and we believe our care for you extends far beyond the courtroom. We combine this compassionate approach with an unwavering pursuit of excellence. Our mission is simple: Leading with Compassion. Winning with Excellence. This philosophy has guided us in recovering over $1 billion in compensation for injured clients just like you.

We are available 24/7 to answer your questions and provide support. Your fight is our fight, and we will not rest until we have secured the justice you deserve. Your future matters to us. Let our experienced and caring team handle the legal complexities so you can focus on what is most important: your recovery.

Should I Accept the First Settlement Offer from the Insurance Company?

After an accident, you will likely be contacted by an insurance adjuster from the at-fault driver’s policy. They may seem friendly and helpful, and they might even present you with a quick settlement offer. While it may be tempting to accept this offer, especially when bills are piling up, it is almost always a mistake. You must remember that 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 is typically a lowball amount calculated to close your case quickly and cheaply. It is often made before the full extent of your injuries and long-term damages is known. This initial offer will likely not account for:

  • Future Medical Expenses: Many injuries, like whiplash or traumatic brain injuries, have delayed symptoms or require ongoing treatment, physical therapy, or even future surgeries.
  • Future Lost Income: If your injuries prevent you from returning to work for an extended period or force you to take a lower-paying job, this must be factored into your compensation.
  • Pain and Suffering: The physical pain, emotional distress, and loss of enjoyment of life you experience are significant damages that a first offer rarely addresses adequately.

Once you accept a settlement and sign a release, you forfeit your right to seek any further compensation for that accident, even if your condition worsens or you discover new injuries. Before you speak to an adjuster or sign any documents, it is crucial to consult with an experienced car accident lawyer. 

At Richard Schwartz & Associates, we can accurately assess the true value of your claim, handle all communications with the insurance company, and negotiate for a settlement that fully and fairly compensates you for all of your losses.

Laws that Impact Car Accidents in Mississippi

Mississippi has several key statutes that will directly influence your case. Our attorneys are intimately familiar with these laws and how they apply to your situation, ensuring your rights are protected at every turn.

Mississippi is an At-Fault Insurance State

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Mississippi operates under a “tort-based” or “at-fault” insurance system. 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. To recover compensation, you (the injured party) must file a claim against the at-fault driver’s liability insurance policy or file a personal injury lawsuit directly against them. Proving that the other driver was negligent and therefore at fault is the cornerstone of a successful car accident claim in our state.

Mississippi’s Pure Comparative Negligence Rule

In some car accidents, more than one party may share some of the blame. Mississippi follows a “pure comparative negligence” rule to address these situations. Under this rule, you can still recover damages even if you were partially at fault for the accident. However, the amount of compensation you can receive will be reduced by your percentage of fault. For example, if you were found to be 20% at fault for the crash, you could still recover 80% of the damages. 

Insurance companies often try to use this rule to unfairly shift blame onto the victim to reduce their payout. Our job is to build a powerful case that accurately demonstrates the other party’s fault and minimizes any blame wrongly assigned to you.

Mississippi Statute of Limitations

The law places a time limit on your right to file a lawsuit, known as the statute of limitations. In Mississippi, for most personal injury cases, including car accidents, you have three years from the date of the accident to file a lawsuit. 

While there are very few exceptions, failing to file within this three-year window will almost certainly result in the court dismissing your case, permanently barring you from recovering any compensation for your injuries. This deadline makes it imperative to contact an attorney as soon as possible after your accident. It allows us the necessary time to gather evidence, build a strong case, and ensure all legal deadlines are met.

Who May Be Held Liable in a Tupelo Car Accident Case?

While the other driver is the most common at-fault party in a car accident, they are not always the only one who can be held legally responsible. A thorough investigation may reveal that other individuals or entities share liability for your injuries. 

Potentially liable parties may include:

  • The Driver’s Employer: If the driver was working at the time of the crash (e.g., a delivery driver, a trucker, or an employee running an errand), their employer may be held liable under a legal doctrine known as respondeat superior.
  • The Vehicle Owner: If the owner of the vehicle is different from the driver, the owner may be held liable if they negligently entrusted their car to someone they knew or should have known was an unsafe driver (e.g., someone with a history of DUIs or a suspended license).
  • A Vehicle or Parts Manufacturer: If the accident was caused or worsened by a defective vehicle component, such as faulty brakes, a defective tire, or a malfunctioning airbag, the manufacturer of the part or the vehicle itself could be held liable through a product liability claim.
  • A Government Entity: In some cases, a city, county, or state government agency may be responsible if the accident was caused by a poorly designed road, a malfunctioning traffic signal, or a failure to properly maintain the roadway (e.g., leaving a large pothole unrepaired).
  • A Bar or Restaurant: Mississippi may allow a third party, such as a bar or restaurant, to be held liable if they knowingly sold or served alcohol to a visibly intoxicated person or minor who then caused a drunk driving accident.

At Richard Schwartz & Associates, we explore every possible avenue for compensation to ensure you receive the full amount you are owed.

Compensation Available in a Tupelo Car Accident Lawsuit

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No amount of money can ever truly undo the trauma of a serious car accident, but fair compensation is essential for securing your financial stability and providing the resources you need to heal and move forward. Our goal is to recover a settlement or verdict that covers the full spectrum of your losses.

In a Mississippi car accident claim, you may be entitled to recover compensation for the following types of damages:

  • All past, current, and future medical expenses (hospital stays, surgeries, medication, rehabilitation, assistive devices)
  • Lost wages and income from time missed at work
  • Loss of future earning capacity if you are unable to return to your previous job
  • Property damage to your vehicle and other personal belongings
  • Out-of-pocket expenses, such as transportation to medical appointments
  • Physical pain and suffering
  • Emotional distress and mental anguish (anxiety, depression, PTSD)
  • Disfigurement and scarring
  • Loss of consortium (damage to your relationship with your spouse)

In rare cases involving extreme recklessness or intentional misconduct, such as an accident caused by a severely intoxicated driver, punitive damages may be awarded. These are not intended to compensate you for a loss but rather to punish the defendant for their egregious behavior and deter similar conduct in the future.

Tupelo Car Accident Lawyer FAQs

Here are answers to some of the common questions we hear from our clients in Tupelo.

How much does it cost to hire a car accident lawyer?

At Richard Schwartz & Associates, we handle personal injury cases on a contingency fee basis. This means you pay us absolutely nothing upfront. We only get paid if and when we win your case by securing a settlement or a court award for you. Our fee is a percentage of the total recovery, so you never have to worry about out-of-pocket legal expenses.

What if the other driver doesn’t have insurance or fled the scene?

If you were injured by an uninsured, underinsured, or hit-and-run driver, you may still have options for recovery. You may be able to file a claim under your own Uninsured/Underinsured Motorist (UM/UIM) coverage, which is a part of your own auto insurance policy designed for this exact situation. We can review your policy and help you navigate the process of filing a UM/UIM claim.

How long will it take to resolve my car accident case?

The timeline for a car accident case can vary significantly depending on several factors, including the severity of your injuries, the complexity of the case, and the willingness of the insurance company to negotiate a fair settlement. Some straightforward cases can be resolved in a matter of months, while more complex cases that require a lawsuit and go to trial can take a year or longer. Our promise to you is that we will work as efficiently as possible while never sacrificing the thoroughness required to achieve the best possible outcome for you.

Contact Our Experienced Tupelo Car Accident Lawyers

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After a car accident in Tupelo, you may feel lost, alone, and unsure of where to turn. Please know that you do not have to face this difficult journey by yourself. 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 over four decades, we have been a pillar of support for injured individuals and families throughout Mississippi. As an experienced Tupelo personal injury lawyer, our firm has the knowledge, resources, and unwavering commitment to see your case through to a successful conclusion. Your fight is our fight. Let us put our legacy of success and our mission of compassion to work for you.

Contact us today at (601) 988-8888 or through our online form  for a free, confidential, and comprehensive case evaluation. We are here for you 24 hours a day, 7 days a week.

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