3 FAQs About Taking Action Against a Drunk Driver

drunk driver at bar

When someone gets behind the wheel while under the influence of alcohol, they’re not only risking their own life, but they’re also putting everyone on the road around them in danger. Sadly, that’s not enough to deter people across the country from driving drunk every single day.

If your life was forever changed because of someone else’s poor judgement, you deserve justice. While filing a personal injury claim won’t erase what happened, it could at least yield the funds you need to regain some sense of normalcy in the aftermath. 

Of course, before you can secure a payout, you’re going to have to put together a strong claim. Read on to learn what doing so entails:

1. How Do You Prove Liability for a Drunk Driving Accident?

There are a few pieces of evidence that almost always contribute to drunk driving accident claims. Examples include the official police report, eyewitness testimony, and the results of any chemical tests conducted at the scene or shortly thereafter. 

Other evidence that may support your claim includes dash camera footage, social media posts, and surveillance recordings from the establishment that served the driver prior to the crash. 

2. What Kinds of Damages Can You Seek from a Drunk Driver?

Mississippi tort law recognizes virtually all the damages that can result from a drunk driving accident. These include both monetary losses like medical expenses and non-monetary losses like pain and suffering. Other recoverable damages include:

  • Lost wages,
  • Property repairs,
  • Alternative transportation,
  • Reasonable and necessary replacement services,
  • Home and vehicle modifications,
  • Disfigurement,
  • Physical impairment,
  • Inconvenience,
  • Mental anguish,
  • Emotional distress, and
  • Diminished quality of life. 

Depending on the circumstances, your spouse may also be entitled to compensation for loss of consortium. This refers to the loss of love, society, and affection that your marriage suffers because of your injuries. 

3. How Long Do You Have to Take a Drunk Driver to Court?

While most drunk driving accident claims are settled, a small number of them do end up going all the way to trial. Since there’s always the chance yours could, too, it’s wise to consider any applicable filing deadlines from day one. 

In Mississippi, the standard statute of limitations for personal injury actions arising from negligence is three years. There are a couple of exceptions that can shorten this deadline, though, so it’s advisable to consult an attorney right away instead of merely assuming you have plenty of time to file. 

What’s more, even if you do have the full three years, the time will likely pass more quickly than you realize. This is especially true if you sustained catastrophic injuries, which can take well over a year to heal. 

Speak with a Jackson Car Accident Attorney 

For help with every aspect of your drunk driving accident claim, turn to Brown Bass & Jeter, PLLC. Our seasoned team knows how devastating unanticipated injuries can be on the whole family. That’s why we’re determined to make things right for the victims and their loved ones. Call 601-487-8448 or complete our Contact Form to schedule a free initial consultation with a car accident lawyer in Jackson.

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