You should not have to carry the financial burden of someone else's decision to drive impaired. A Springfield drunk driving accident lawyer at Hall Ansley, P.C. handles injury claims against intoxicated drivers so you may focus on your recovery while the firm pursues the compensation you are owed.
Hall Ansley has represented injured people in Springfield and across the Ozarks for over 30 years. If an impaired driver caused your crash in Greene County, Joplin, Branson, Nixa, Ozark, or anywhere in Southwest Missouri, the firm offers a free consultation to review your case. Call (417) 429-1372 today.
Table of Contents
- How We Handle Drunk Driving Injury Claims at Hall Ansley, P.C.
- What Makes a Drunk Driving Claim Different from Other Car Accident Cases?
- Who Pays After a Drunk Driving Crash in Missouri?
- Can You Sue Someone Other Than the Drunk Driver?
- How Long Do You Have to File a Drunk Driving Accident Lawsuit in Missouri?
- How Does Comparative Fault Apply to Drunk Driving Cases in Missouri?
- What Steps Help Protect Your Claim After a Drunk Driving Accident?
- Ask Hall Ansley, P.C.
- FAQs for Springfield Drunk Driving Accident Lawyer
- Contact a Springfield Drunk Driving Accident Lawyer at Hall Ansley, P.C. Today
How We Handle Drunk Driving Injury Claims at Hall Ansley, P.C.
At Hall Ansley, P.C., we prepare every drunk driving injury case as though it may proceed to litigation when necessary. Thorough preparation can strengthen our position during settlement negotiations because insurance companies and defense counsel may take claims more seriously when they are supported by detailed evidence and trial-ready case development.
Investigating the Full Picture
Our firm conducts a detailed investigation into the circumstances surrounding the collision.
Depending on the facts of the case, we may review police reports, toxicology findings, surveillance footage, witness statements, and receipts from bars or restaurants to better understand what occurred.
In some DUI-related crash cases, evidence developed during the criminal case against the impaired driver may also be relevant in a related civil injury claim.
Working with Medical and Financial Professionals
Drunk driving collisions can result in serious injuries that require extensive medical treatment and long-term care.
Hall Ansley may work with treating physicians, medical specialists, and financial professionals to evaluate the potential impact of an injury, including future medical expenses, lost earning capacity, and other financial losses.
This type of analysis can help our firm assess whether a settlement offer appropriately reflects the claimed damages in a case.
Contingency Fee Representation
Hall Ansley, P.C. handles drunk driving injury claims on a contingency fee basis. This means clients do not pay attorney fees upfront, and fees are only collected if the firm obtains compensation through a settlement or verdict.
We also offer free initial consultations so prospective clients can discuss their situation and learn more about their legal options without obligation.
What Makes a Drunk Driving Claim Different from Other Car Accident Cases?
Drunk driving accident claims in Missouri often involve both a criminal case and a separate civil lawsuit. The criminal case is the state's prosecution of the impaired driver for violating Missouri's driving while intoxicated (DWI) laws.
The civil case is your personal injury claim for damages. Evidence from the criminal proceeding, such as a blood alcohol content (BAC) result or a guilty plea, may strengthen your civil claim.
The Role of BAC Evidence
Missouri law sets the legal BAC limit at .08 percent for most drivers under Mo. Rev. Stat. § 577.012. A BAC at or above .08 percent is generally considered legally intoxicated under Missouri law.
If the at-fault driver's BAC test results are available, your attorney may use them as evidence of negligence in the civil case.
Criminal Conviction and Your Civil Claim
A criminal conviction for driving while intoxicated (DWI) does not automatically guarantee a civil recovery, but it may serve as strong evidence that the driver acted negligently.
Even if the criminal case results in a plea deal or reduced charges, your civil case moves forward independently based on its own facts and evidence.
Who Pays After a Drunk Driving Crash in Missouri?
Compensation in a drunk driving accident claim depends on the severity of your injuries, the cost of your medical care, and the impact the crash has had on your daily life.
Missouri law allows injured people to pursue both economic and non-economic damages through a civil claim.
Your DUI accident case may involve several categories of damages, depending on the facts and circumstances:
- Past and future medical expenses, including emergency care, surgeries, rehabilitation, and prescriptions
- Lost wages and diminished earning capacity if your injuries affect your ability to work
- Physical pain and suffering tied to the injuries and the recovery process
- Emotional distress, including anxiety, depression, and post-traumatic stress
- Loss of enjoyment of life if your injuries prevent you from activities you previously valued
The specific compensation available depends on the evidence, the severity of harm, and the insurance coverage involved. No two drunk driving injury cases produce identical results.
Punitive Damages in Missouri DUI Cases
Missouri law allows courts to award punitive damages in cases involving reckless conduct. Unlike compensatory damages, which address your actual losses, punitive damages are meant to punish the wrongdoer and discourage similar behavior.
Whether punitive damages apply depends on the specific facts, including the driver's level of intoxication and any prior DWI history.
Can You Sue Someone Other Than the Drunk Driver?
The impaired driver is not always the only party who bears responsibility. Missouri law may allow injured people to pursue claims against other parties whose actions contributed to the crash. Identifying all potentially liable parties may increase the total compensation available.
Depending on the circumstances, liability in a drunk driving accident may extend to:
- Establishments that knowingly served alcohol to a visibly intoxicated person or a minor who later caused injuries, under Missouri's dram shop statute, Mo. Rev. Stat. § 537.053
- Social hosts who knowingly provided alcohol to a minor who then caused a crash
- Employers whose employees caused an impaired driving accident while on the job or driving a company vehicle
- Vehicle owners who knowingly allowed an intoxicated person to operate their car
Missouri's dram shop law is relatively restrictive, and these claims have specific requirements that vary based on the facts. An attorney familiar with Missouri liability law may help you determine whether additional parties bear responsibility.
How Long Do You Have to File a Drunk Driving Accident Lawsuit in Missouri?
Missouri gives you five years from the date of the accident to file a personal injury lawsuit under Mo. Rev. Stat. § 516.120. If the crash resulted in a wrongful death, a separate three-year deadline applies under Mo. Rev. Stat. § 537.100.
Why Filing Sooner Strengthens Your Case
Surveillance footage from nearby businesses gets overwritten, witnesses relocate or forget details, and toxicology records from the criminal case become harder to obtain as time passes. Filing your claim sooner preserves the strongest version of your evidence.
How the Criminal Case Affects Your Timeline
Many people wait to see how the criminal case plays out before filing a civil claim. The statute of limitations runs regardless of whether the state has finished prosecuting the drunk driver. Tracking both timelines protects your right to file.
How Does Comparative Fault Apply to Drunk Driving Cases in Missouri?
Missouri follows pure comparative fault under Mo. Rev. Stat. § 537.765, which means you may still recover compensation even if the insurance company argues you share some responsibility for the accident. Your total recovery is reduced by the percentage of fault assigned to you.
Even in drunk driving cases where the other driver was clearly intoxicated, insurance adjusters may argue that you contributed to the crash by speeding, failing to wear a seatbelt, or not avoiding the collision.
These arguments are designed to reduce the payout. A DWI crash attorney may counter these claims with accident reconstruction evidence, witness testimony, and the drunk driver's own toxicology results.
If you have questions about how comparative fault may affect your recovery, Hall Ansley, P.C. offers a free case evaluation. Call (417) 429-1372 to speak with the firm's personal injury team.
What Steps Help Protect Your Claim After a Drunk Driving Accident?
Taking specific steps after a drunk driving crash protects both your health and your ability to pursue compensation. A few details are unique to impaired driver collision cases.
- Seek medical attention as soon as reasonably possible, even if your injuries seem minor at first
- Request a copy of the police report, which typically includes whether the other driver was tested for alcohol or drugs
- Photograph your injuries, vehicle damage, and the accident scene if you are able
- Avoid giving a recorded statement to the other driver's insurance company without first speaking to an attorney
- Save any documentation related to the criminal case against the drunk driver, including court dates and case numbers
The evidence you preserve in the days following the crash may directly affect the strength of your civil claim. Acting early gives your attorney the best material to work with.
Ask Hall Ansley, P.C.
I was hit by a drunk driver in Springfield. Do I have to wait for the criminal case to finish before I file a lawsuit?
No. Your civil injury claim and the criminal DWI case are separate legal proceedings. You may file your civil lawsuit at any time within Missouri's five-year statute of limitations for personal injury, regardless of where the criminal case stands.
Filing early often helps preserve evidence that might otherwise disappear.
What if the drunk driver has no insurance or very little coverage?
Your own uninsured motorist (UM) coverage may apply. Missouri requires uninsured motorist coverage, and many drivers also carry optional underinsured motorist coverage.
Your attorney reviews all available insurance policies, including your own, to identify every potential source of recovery.
May I sue the bar that served the drunk driver?
In limited circumstances, Missouri's dram shop statute, Mo. Rev. Stat. § 537.053, may allow claims against establishments that knowingly served alcohol to a visibly intoxicated person or a minor who later caused injuries.
These claims have specific legal requirements, and an attorney familiar with Missouri dram shop law may help you determine whether the facts of your case support this type of claim.
FAQs for Springfield Drunk Driving Accident Lawyer
How long do I have to file a lawsuit after a drunk driving accident in Springfield, MO?
Missouri's statute of limitations for personal injury claims is five years from the date of the accident under Mo. Rev. Stat. § 516.120. For wrongful death claims, the deadline is three years under Mo. Rev. Stat. § 537.100. Filing sooner typically strengthens your case because evidence is fresher and witnesses are easier to locate.
What is the difference between a DUI criminal case and a civil lawsuit for my injuries?
The criminal case is the state's prosecution of the drunk driver for breaking the law. The civil case is your personal injury claim seeking compensation for medical bills, lost wages, pain, and other losses. A conviction in the criminal case may help your civil claim, but you do not need a conviction to pursue your own lawsuit.
Do I need a lawyer for a drunk driving accident claim in Springfield?
You are not legally required to hire an attorney, but insurance companies have teams of adjusters and lawyers working to minimize what they pay. A Springfield drunk driving accident lawyer reviews the full scope of your damages, handles negotiations, and prepares your case for trial if the insurance company does not offer fair compensation.
What if I was partially at fault for the accident even though the other driver was drunk?
Missouri's pure comparative fault rule allows you to recover damages even if you share some responsibility for the crash. Your total compensation is reduced by your percentage of fault. Insurance companies frequently raise comparative fault arguments even in DUI cases, so having an attorney challenge those claims may help protect your recovery.
What types of damages might I recover in a drunk driving accident case?
Depending on the facts, you may pursue compensation for medical expenses, lost wages, diminished earning capacity, pain and suffering, emotional distress, and loss of enjoyment of life. Missouri law also allows punitive damages in cases involving reckless conduct, which drunk driving may qualify for depending on the circumstances.
Contact a Springfield Drunk Driving Accident Lawyer at Hall Ansley, P.C. Today
A drunk driver's choice put you in this position, and the insurance company handling their policy is not looking out for your best interests. You have a limited window to gather evidence, build your case, and hold every responsible party accountable.
Hall Ansley, P.C. has spent over three decades fighting for injured people throughout Springfield, Greene County, and the Ozarks. The firm prepares cases thoroughly for litigation when necessary, which may strengthen your position during settlement negotiations.
Call (417) 429-1372 today for a free, no-obligation consultation. You pay nothing unless Hall Ansley recovers compensation on your behalf.