Respuesta rápida: If a drunk or impaired driver hurt you in Mississippi, you can bring a civil injury claim for your medical bills, lost wages, and pain and suffering — separate from the criminal DUI case. You generally have tres años to file (Miss. Code § 15-1-49), and because the driver broke the law, your case may also support Daños punitivos. Mississippi’s pura falla comparativa rule (Miss. Code § 11-7-15) lets you recover even if you were partly at fault. Call 800-224-5546 — free consultation, no fee unless you win.
- Your civil claim is separate from the criminal case. A DUI conviction can help prove fault, but you don’t have to wait for it — and you can recover even if the driver isn’t convicted.
- Punitive damages may apply. Driving impaired is exactly the kind of reckless conduct that can justify damages meant to punish, on top of your compensation.
- Three-year deadline to file (Miss. Code § 15-1-49); preserve evidence early.
- Pure comparative fault — partial fault reduces, but never bars, your recovery.
- Other parties may share blame — in limited cases a bar or host that over-served a visibly intoxicated person or a minor (Miss. Code § 67-3-73).
Your Claim vs. the Criminal Case
After a drunk-driving crash there are two separate legal tracks. The criminal case is the State of Mississippi prosecuting the driver — it can lead to penalties, but it does not pay your medical bills. The civil claim is yours: it seeks money for your injuries, lost income, and suffering. A DUI conviction is powerful evidence in your civil case, but you can pursue compensation whether or not the driver is convicted.
Who Can Be Held Responsible
The impaired driver is the primary defendant, and their auto insurance is usually the main source of recovery. Because impaired driving is reckless, these cases can support Daños punitivos. In limited circumstances, a bar, restaurant, or social host may share liability under Mississippi’s narrow dram-shop law (Miss. Code § 67-3-73) — generally only when a visibly intoxicated patron or a minor was served. If the at-fault driver was uninsured, your own uninsured/underinsured motorist coverage may apply.
¿Por qué elegir Fiscales de Lesiones del Sur
We hold impaired drivers accountable across Mississippi. We gather the police report, BAC results, and witness statements, handle the insurers, and build each case for trial — which is what drives fair settlements. You pay nothing unless we win. Headquarters: 5865 Ridgeway Center Pkwy, Suite 390, Memphis, TN 38120 · 800-224-5546. Free consultations by phone. See our Mississippi personal injury overview.
Mississippi DUI Accident FAQs
Can I sue a drunk driver even if there’s a criminal case?
Yes. The criminal case punishes the driver but does not compensate you. Your civil claim is separate and seeks money for your medical bills, lost wages, and pain and suffering. You can file it whether or not the driver is convicted.
¿Puedo recibir daños punitivos?
Often, yes. Driving while impaired is the kind of reckless conduct Mississippi law allows juries to punish with punitive damages, awarded on top of your compensatory damages.
What if the drunk driver had no insurance?
Your own uninsured/underinsured motorist (UM/UIM) coverage is designed for exactly this and can pay your damages. We identify every policy that may apply.
Can a bar be held liable for over-serving?
Only in limited cases. Mississippi’s dram-shop law (Miss. Code § 67-3-73) generally allows a claim against a seller who served a visibly intoxicated person or a minor. We investigate whether it applies to your case.
How much does a Mississippi DUI accident lawyer cost?
Nothing up front. Southern Injury Attorneys work on a contingency fee — you pay legal fees only if we recover compensation. The consultation is free.
Talk to a Mississippi DUI Accident Lawyer — Free
Get a free, no-obligation consultation. Call 800-224-5546 — no fee unless you win. You can also contactarnos en línea.
This page is general legal information, not legal advice. Every case is different and outcomes are never guaranteed. Contacting us does not create an attorney-client relationship.
