The moments after a car accident are a blur of confusion, shock, and pain. One second, you may have been driving along your usual route, perhaps on the busy stretches of I-55 near Jackson or navigating the interchange of I-20, and the next, your life is turned upside down by the jarring impact of a collision. Afterward, you are left to deal with physical injuries, emotional trauma, and a growing pile of medical bills and expenses. The path forward can feel unimaginable and uncertain.
We want you to know that you are not alone in this struggle. The compassionate legal team at Richard Schwartz & Associates is here to be your guide and your champion. We understand the profound impact a car accident can have on your life, your family, and your future. A dedicated Mississippi car accident lawyer from our firm is ready to listen to your story, protect your rights, and fight for full and fair compensation to help you heal and move forward.
Your fight is our fight. Contact us today for a free, no-obligation consultation to discuss your case.
Why Choose Richard Schwartz & Associates for Your Mississippi Car Accident Claim
Choosing a law firm to represent you after a serious car wreck is one of the most important decisions you will make. You need a team with the experience and resources to win and the compassion to understand what you’re going through. At Richard Schwartz & Associates, we lead with compassion and win with excellence.
When you choose us, you get:
- A Proven Record of Success: With over $1 billion recovered for our clients and a top ranking among Personal Injury firms by Attorneys and Practice Magazine, our results speak for themselves. We have the experience to handle even the most complex car accident claims.
- Deep Mississippi Roots: Our attorneys live and work in the same communities you do. We understand the local courts, judges, and insurance company tactics specific to our state. With offices in Jackson, Tupelo, Hattiesburg, and more, we are always close by.
- Unwavering Compassion and Dedication: We know you are more than just a case number. You are a person, a neighbor, a member of our community. We take the time to listen and provide dedicated, tireless representation. Your fight truly is our fight.
- Resources to Win: We have the financial strength and extensive resources to take on large insurance corporations and their teams of lawyers. We level the playing field, ensuring you have the best possible chance at securing justice.
For over 40 years, Richard Schwarts & Associates has been proud to be known as “Mississippi’s Law Firm,” serving communities from Jackson and Tupelo to Hattiesburg and beyond. Contact us today to discuss your case with our trusted Mississippi car accident attorneys.
Should I Accept the First Offer from the Insurance Company After a Car Accident?
After a crash, it is common to receive a phone call from the at-fault driver’s insurance adjuster. They may sound friendly and concerned, and they might even make a quick settlement offer. It can be tempting to accept, especially when medical bills are piling up and you’re unable to work. However, it is almost always a mistake to accept the first offer. You should always speak with an experienced car accident lawyer first.
Insurance companies are for-profit businesses. Their primary goal is to protect their bottom line, which means paying out as little as possible on claims. The initial offer they make is rarely a reflection of what your case is truly worth. It is a calculated tactic designed to make you settle quickly, for a fraction of the value of your claim, before you have a chance to understand the full extent of your injuries and losses.
When you hire Richard Schwartz & Associates, we immediately take over all communications with the insurance companies. We will protect you from their tactics, conduct a thorough investigation to calculate the true value of your claim—including future costs—and negotiate aggressively on your behalf for a settlement that is fair and just.
Laws Affecting Car Accidents in Mississippi
Several key Mississippi laws will directly impact your ability to recover compensation. Our attorneys have a deep understanding of this legal landscape and can use it to your advantage.
Mississippi is an At-Fault Insurance State
Mississippi operates under a traditional “at-fault” or “tort” system for car accidents. This means that the person who is legally responsible for causing the collision is also responsible for paying for the damages that result, such as medical bills, lost income, and property damage. Unlike in “no-fault” states, you are not required to first turn to your own insurance policy to cover your initial medical expenses.
After an accident, you generally have three options for seeking compensation:
- File a claim with the at-fault driver’s auto insurance company.
- File a claim with your own insurance company (if you have applicable coverage, like Uninsured/Underinsured Motorist coverage).
- File a personal injury lawsuit directly against the at-fault driver in civil court.
Our lawyers can help you determine the best course of action for your specific circumstances.
Mississippi’s Statute of Limitations
The statute of limitations is a critical legal deadline. It is a law that sets a strict time limit on your right to file a lawsuit after an injury. In Mississippi, the statute of limitations for most personal injury cases, including car accidents, is three years from the date of the accident.
While three years may sound like a long time, it can pass quickly when you are focused on your recovery. It is crucial to contact an attorney as soon as possible. Waiting too long can jeopardize your case. Evidence like surveillance footage can be erased, and the memories of witnesses can fade. If you miss the three-year deadline, the court will almost certainly dismiss your case, and you will lose your right to recover any compensation forever.
Mississippi’s Comparative Negligence Rule
In some accidents, an insurance company may try to argue that you were partially to blame for the crash. Mississippi follows a “pure comparative negligence” rule to handle these situations. This rule is more favorable to victims than the laws in many other states.
Under pure comparative negligence, you can still recover damages even if you are found to be partially at fault for the accident. However, your final compensation award will be reduced by your percentage of fault.
For example, if you are found to be 20% at fault for your injuries, you can still recover 80% of your damages.
Insurance companies will often try to exploit this rule to unfairly shift blame onto you to reduce their payout. Our attorneys are skilled at fighting back against these tactics, using evidence to prove the other party’s true degree of fault and protecting your right to maximum compensation.
How Our Lawyers Prove Negligence in Mississippi Car Accident Cases
To win a car accident case, it isn’t enough to simply show that you were injured. We must prove that the other driver was legally at fault, or “negligent.” Negligence is the legal basis for most personal injury claims. It is defined as the failure to exercise the level of care that a reasonably prudent person would have exercised under the same circumstances.
To build a successful case, our lawyers must prove four specific elements of negligence:
- Duty of Care: We must first establish that the other driver owed you a legal duty of care. This is generally straightforward in car accident cases, as all drivers on Mississippi roads have a legal obligation to operate their vehicles safely and follow traffic laws to avoid harming others.
- Breach of Duty: Next, we must show 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, texting while driving, driving under the influence of alcohol or drugs, running a red light, or following too closely. We use evidence like police reports, witness testimony, traffic camera footage, and cell phone records to prove this breach.
- Causation: We must then prove that the driver’s breach of duty was the direct and proximate cause of your injuries. It is not enough that the driver was careless; their carelessness must have directly led to the harm you suffered. We use medical records, accident reconstruction expert analysis, and expert testimony to draw a clear line between the driver’s actions and your injuries.
- Damages: Finally, we must demonstrate that you suffered actual, compensable losses (damages) as a result of the accident. This includes both economic losses, like medical bills and lost wages, and non-economic losses, like pain and suffering.
Our team meticulously investigates every aspect of your case to gather the compelling evidence needed to prove each of these four elements and build the strongest possible claim on your behalf.
Compensation Available in a Mississippi Car Accident Lawsuit
The purpose of a personal injury claim is to secure financial compensation that can help make you “whole” again after an accident. While no amount of money can truly undo the pain and trauma you have experienced, a fair settlement can provide the financial stability you need to pay your bills, get the best possible medical care, and rebuild your life.
Our attorneys will fight for you to recover compensation for all of your losses, which are typically broken down into two categories:
Economic Damages
These are the tangible financial losses with a specific monetary value.
- Current and future medical expenses (hospital stays, surgery, medication, rehabilitation)
- Lost wages and income from time missed at work
- Loss of future earning capacity if you are disabled and cannot return to your former job
- Property damage to your vehicle
- Out-of-pocket expenses (transportation to doctor’s appointments, household help)
Non-Economic Damages
These are the intangible, personal losses that do not have a set price tag but are just as real.
- Pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Permanent scarring and disfigurement
- Loss of consortium (loss of companionship and services for a spouse)
In rare cases involving extreme negligence or intentional misconduct, such as a drunk driving accident, you may also be awarded punitive damages. These are not meant to compensate you for a loss, but rather to punish the defendant and deter similar conduct in the future.
Mississippi Car Accident FAQs
Here are answers to some of the questions we hear most often from our clients.
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 fees if and when we successfully recover compensation for you through a settlement or verdict. Our fee is a percentage of your total recovery. This arrangement allows everyone, regardless of their financial situation, to have access to top-tier legal representation.
How long will it take to resolve my car accident case?
The timeline for a car accident case can vary significantly. A straightforward case with clear liability and minor injuries might settle in a few months. However, a complex case involving severe injuries, disputed fault, or multiple liable parties could take a year or longer, especially if it becomes necessary to file a lawsuit and go to trial.
What if the at-fault driver is uninsured or doesn’t have enough insurance?
This is an unfortunately common situation. If the at-fault driver has no insurance or has a policy with limits that are too low to cover your damages, you may be able to file a claim under your own Uninsured/Underinsured Motorist (UM/UIM) coverage. This is an optional but highly recommended part of your own auto insurance policy designed specifically for these scenarios.
Discuss Your Case with Our Experienced Mississippi Car Accident Attorneys
The road to recovery after a car accident is challenging, but you do not have to travel it on your own. The legal team at Richard Schwartz & Associates can lift the burden from your shoulders so you can focus on what matters most: your health and your family. We are ready to put our experience, vast resources, and unwavering dedication to work for you.
Your fight is our fight. We are available 24/7 to listen to your story. Call us now at (601) 800-5559 or contact us through our online form for a free, confidential case evaluation with a compassionate and experienced Mississippi car accident attorney.