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Do I Really Need a Mississippi Car Accident Attorney?

Most people are completely unprepared when they are involved in a car accident in Mississippi.  This is unfortunate because the actions that you take immediately following a Mississippi auto accident can have a significant impact on the likelihood of pursuing a successful personal injury claim as well as the amount that you recover for your injuries.  While it is not always essential that you have an attorney handle your Mississippi auto accident claim, it is important that you obtain legal advice from an experienced Mississippi car accident lawyer.

It is also important that you seek medical treatment and evaluation if you suffer even minor injuries.  Minor symptoms are frequently a sign of serious injuries that only become completely apparent much later.  Even though you may not need to retain an attorney for some car accidents, it is critical to obtain legal advice during a free initial consultation before making this determination.  Some of the factors that may be relevant in dictating whether you need an attorney include:

  • If the other driver was cited and paid the ticket (i.e. how clear is liability)
  • If you have a property damage claim for your car only
  • If you sustain very minor injuries as confirmed by a physician
  • If you don’t mind doing paperwork and working directly with insurance companies
  • If your case is uncomplicated
  • If your educated about your rights when it comes to insurance claims

When your accident involves serious injuries or the fault of the accident is in doubt, then it is very risky to proceed without an experienced Mississippi car accident lawyer.  It is rarely if ever the case that a person will recover more dealing directly with the insurance company directly.  Insurance companies make money by paying as little as possible on auto accident claims or by denying claims entirely.  They handle a myriad of car accident claims everyday and have teams of accident experts and attorneys so you are at a distinct disadvantage dealing directly with insurance companies.

A person can damage their claim by disclosing the wrong information to an insurance adjuster.  It is always advisable to let an attorney who can distinguish helpful from damaging information negotiate with insurance carriers.  Sometimes insurance company may request that you sign papers or that you provide a recorded statement.  You should never agree to sign anything or provide a statement to the insurance company without seeking legal advice.  This statement is for the sole purpose of gathering evidence to deny or minimize the value of your claim.

An additional benefit to retaining a Mississippi car accident attorney is that our law firm may be able to reach a settlement with the other party without the hassle of going to court.  Because insurance companies know that they have a huge advantage when dealing with someone who is not represented by counsel, they are much less likely to offer a fair settlement if you do not have an attorney.  While the insurance company may offer to settle the case, the offer will typically be for far less than the value of the claim.

When assessing the cost of retaining a Mississippi car accident lawyer, it is also important to assess the likelihood of recovering substantially less on your claim.  The average layperson has no idea how to assess the value of non-pecuniary damages like pain and suffering.  A common tactic used by insurance companies when processing a claim by a party without an attorney is to delay the process.  The insurance company may ask you to provide additional unnecessary information or offer a lowball settlement simply to drag out the process.  The insurance company understands that the longer the claim is pending the greater your medical bills and lost wages if you are off work.  Many times those who are not represented by an attorney following a car accident in Mississippi end up settling out of financial desperation because their personal bills and medical expenses are mounting with little progress toward a fair settlement.

If you are seriously injured, then you are going to need to devote your time and energy to your recovery rather than running around trying to resolve legal matters and fighting with insurance companies.  Our experienced Mississippi car accident lawyers can handle your insurance and legal issues so that you can focus on your recovery.  If you are involved in a car accident anywhere in Mississippi, we invite you to contact the auto accident attorneys at the Barrett Law Office PLLC to learn how we can help.

We have seen the consequences when victims come to us after settling with an insurance company only to realize they have serious injuries that were not apparent at the time of settlement.  We have also seen the negative consequences of speaking to the insurance company and waiting too long to contact us so that valuable evidence disappears and the insurance company uses these statements to avoid or mitigate damages.  You have nothing to lose by coming to see us for a free consultation and everything to gain so call us today at (662) 834-2376.

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Challenges in DUI Drugs Auto Accident Lawsuit

When people take prescription drugs and drive, they probably do not think that they are doing anything wrong. The truth is many prescription drugs can heavily distort a person’s judgement and reflexes and inhibit their ability to drive.  This increases the chance of them causing an auto accident while they are driving on Mississippi roadways.  Most people are very aware of the danger of accidents posed by drunk drivers but do not give much thought to the high numbers of car accidents caused by drivers who commit DUI while under the influence of drugs (called “DUI drugs” or DUID).

If a driver is in an accident and police believe the driver is impaired, they may request the driver take a breath test.  If the driver’s blood alcohol level (BAC) is below 0.5%, the police may ask that the driver take a blood test assuming that the driver did not test with a higher BAC because he or she is impaired by drugs that do not show up in a breath test.  Someone who is under the influence of drugs, whether illegal narcotics or prescription drugs poses a significant risk of causing a serious car accident.  Depending on the drug, the driver may suffer any of the following:

  • Impaired judgment
  • Distorted vision
  • Sleepiness
  • Inhibited motor skills
  • Ineffective decision-making
  • Slowed reaction time

While it is easy for a driver who is using drugs to cause a car accident, these cases pose special challenges to Mississippi car accident victims.  Unlike drunk driving cases, there is no “per se” type offense where a person is considered impaired based on a certain amount of the substance in one’s system.  A drunk driver is deemed to be impaired if the driver’s blood alcohol is .08 percent or above.  A DUI accident caused by intoxication with drugs requires providing evidence that the driver was actually driving unsafely as evidence of impairment, or the use of expert testimony regarding what the impact would be of the amount of a particular substance in a driver’s blood.  Generally, the fact the driver was in an accident may provide evidence of impaired driving but the point is that there is no specific amount of a substance in a driver’s system that automatically indicates the driver was impaired.

Another major challenge in proving drug impairment as the cause of a Mississippi car accident is the length of time drugs remain in the body.  A breath test will not detect drugs so a blood or urine test must be used.  The problem is that many drugs remain in the body for weeks or months after they have been ingested.  The attorney for the other driver’s insurance company may contend that the blood test results simply reveal prior drug use not intoxication at the time of the accident.

Where the drug that caused the accident is a prescription, the challenges can be compounded.  The injury victim faces the same issues in trying to prove that enough of the drug was present in the driver’s system to impact his or her driving.  The driver may claim that no warning was received or understood about the medication making it unsafe to drive.  This claim can be refuted by evidence that the bottle carried a warning that it was not safe to drive while taking the medication.

Despite these challenges in proving the negligence of a driver who is under the influence of drugs, you may be entitled to not only compensatory damages but also punitive damages if you prevail.  It is not uncommon for a jury to punish a driver who causes serious injury or wrongful death by operating a motor vehicle under the influence of a prescription or illegal drug.

If you have been injured in an auto accident involving a drug-impaired driver, then you should contact a Mississippi car accident attorney to discuss your right to compensation for your injuries.  We have been representing Mississippi car accident victims for over 75 years.  Our law firm offers a free initial case evaluation so call us today at (662) 834-2376.

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