Drunk driving isn’t just dangerous; it’s a reckless act that endangers everyone on the road. Those injured often face severe physical, emotional, and financial losses. Getting properly compensated for those losses requires immediate and skilled legal assistance.
At Smith & Holder, PLLC, we believe your story doesn’t end here—it begins with a call to a DUI accident lawyer ready to fight for justice.
Mississippi Car Accident Laws
DUI is a serious criminal offense in Mississippi. While typically a minor offense, if a drunk driver causes injury or death, they may face additional charges, like manslaughter or aggravated DUI, significantly increasing the legal penalties and fines.
However, aside from the criminal penalties the impaired driver might face, they are also looking at civil responsibility if their actions cause harm to others. Here’s what you should know about Mississippi personal injury laws.
Negligence Standard
Drivers must operate their vehicles safely and follow road rules. If a driver’s impaired state breaches this duty and causes an accident resulting in injuries, the driver may be liable for damages.
Comparative Fault
If you are partially responsible for an accident, you can still seek compensation under the state’s pure comparative fault rule. However, your percentage of fault will reduce your total compensation.
Dram Shop Laws
Restaurants, bars, and other establishments that serve alcohol to visibly intoxicated individuals or minors may be held liable if the drunk person causes an accident. Our experienced drunk driving accident lawyer can evaluate whether this applies to your case.
Time Frame to Claim
The state’s statute of limitations for personal injury claims is three years from the accident date. Missing this deadline could result in losing your right to file a claim. However, exceptions may exist in specific cases, such as when injuries are not immediately apparent or involve victims under 18. These circumstances make consulting a drunk driving accident attorney even more critical.
What Compensation Is Available for Victims of Drunk Driving Accidents?
If you’ve been injured in a DUI accident, Mississippi law allows you to seek compensation for a variety of damages, including:
- Medical expenses—covering both current treatment and future medical needs;
- Lost wages and diminished earning capacity—time missed at work and any long-term impact on your ability to earn a living;
- Property damage—costs for repairing or replacing your vehicle and other damaged personal property; and
- Pain and suffering—for the physical, emotional, and psychological effects of the accident.
Civil claims for personal injuries are separate from any criminal charges the drunk driver may face. This dual system allows injured parties to seek justice through the criminal courts while pursuing financial recovery for their losses in civil court.
Why You Need a DUI Accident Lawyer
Recovering from a drunk driving accident can be overwhelming, but having a legal advocate ensures you’re prepared to tackle the legal complexities. An experienced DUI accident attorney can provide invaluable support by:
- Identifying liability. Determining fault in a DUI accident isn’t always straightforward. Beyond the intoxicated driver, liability might extend to third parties—such as the establishment that overserved alcohol to the defendant or the vehicle manufacturer in cases of mechanical failure.
- Gathering evidence. Proving negligence requires a thorough investigation, including collecting police reports, breathalyzer records, eyewitness testimony, and surveillance footage. Your lawyer will also want records of all your expenses and losses.
- Calculating damages. A skilled accident lawyer ensures all damages, from property damage to future medical costs and punitive damages, are accounted for.
- Negotiating with insurance companies. Insurance adjusters often prioritize minimizing payouts over fairness to crash survivors. An experienced attorney fights for the compensation you deserve and won’t let the insurer take advantage of you.
- Handling civil claims. If you’ve been injured, a lawyer protects your rights and pursues maximum damages on your behalf.
- Representing you in court. Whether through settlement negotiations or trial, your attorney advocates for justice and accountability.
By working with us, you’ll have a team of drunk-driving accident lawyers who leverage every available strategy to pursue the compensation you deserve.
Strategies for Securing Justice in DUI Accident Cases
Our firm understands the unique challenges that DUI accident cases present. We employ customized strategies to strengthen your claim, such as:
- Reconstructing the accident scene by partnering with accident reconstruction experts to establish a clear timeline and sequence of events;
- Consulting medical experts to ensure your injuries and long-term care needs are correctly documented and valued;
- Exploring insurance claims and negotiating with insurers to maximize settlements; or
- Pursuing litigation by taking the case to trial if insurers fail to act in good faith.
These techniques ensure that no detail is overlooked and that the full scope of your damages is addressed. We handle the legal complexities while you focus on healing and rebuilding your life.
Let Smith & Holder, PLLC Fight for You
Every case tells a story, and yours is one of resilience. Your decisions today can determine how quickly and fully you recover financially and emotionally. At Smith & Holder, PLLC, we don’t just handle cases; we champion causes. Our dedicated legal team in Gulfport brings years of trial and negotiation experience to the table.
Take the first step toward justice and recovery by contacting us for a free consultation about your case. We are more than just accident attorneys. We’re your partners in seeking accountability and peace of mind.
Frequently Asked Questions
Can I File A Civil Lawsuit If the Drunk Driver Is Acquitted of Criminal Charges?
A criminal conviction is not required to file a civil claim for damages. The burden of proof in criminal cases is very high, but the burden of proof in civil cases is far lower. That means that, even if a prosecutor cannot prove that the defendant was guilty of DUI beyond a reasonable doubt in criminal court, your DUI accident lawyer can still prove by a preponderance of the evidence that they are civilly liable for your losses.
What If the At-Fault Driver Doesn’t Have Insurance?
If the driver lacks adequate insurance, you may still recover damages through your uninsured/underinsured motorist coverage or other legal avenues.
What If I Discover Injuries or Damages After Settling with the Insurance Company?
Once you settle with an insurance company, you generally cannot reopen the claim or seek additional compensation. Your attorney is your best opportunity to foresee all future damages. Therefore, it is essential to consult an attorney before accepting any settlement offers to ensure that all current and future damages are considered.
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