Negligent drivers may be sued for car accidents they cause in Mississippi. Accordingly, crash victims can recover payment for injuries they sustained. However, cases must be filed in accordance with the statute of limitations.
Statutes of limitations govern time limits for filing certain types of lawsuits. In Mississippi, you will generally have to file your case within three years of the car accident to sue the at-fault party. However, in some cases, potential plaintiffs may have longer to file their claims. During a free review of your case, our attorneys will explain how the statute of limitations will be applied.
If you suffered a crash in Mississippi, our experienced Mississippi car accident attorneys are prepared to fight for the compensation you deserve. Call Howe Law at (844) 876-4357 for a free case assessment.
Time Limit for Filing a Lawsuit for a Mississippi Car Accident Lawsuit
The time window to file your car accident lawsuit in Mississippi is set forth by Miss. Code Ann. § 15-1-49. Accordingly, you will usually have three years to sue the at-fault driver in Mississippi, starting from the date of the accident. Failure to comply with this deadline could force your case to be thrown out. Accordingly, you should reach out to our lawyers quickly after an accident, so that our team can help bring your claim to court on time.
Furthermore, crucial evidence required to support your case may deteriorate or be misplaced as time goes on. The sooner you contact our car accident attorneys, the more efficiently we may collect the evidence needed to recover financial compensation from another motorist.
Exceptions to the Mississippi Car Accident Statute of Limitations
There are certain exceptions to the standard, three-year limitations period under Miss. Code Ann. § 15-1-49. You may have longer to file your case under the following circumstances:
The Victims is a Minor
Parents may file car accident lawsuits on behalf of their minor children any time until their kid turns 18. Furthermore, if the victim is under 18 years old at the time of their crash, then the countdown for filing their own case does not begin until they reach adulthood. Accordingly, victims will usually have three years after they turn 18 to file their claim.
The Victim is Mentally Incapacitated
Moreover, mentally incapacitated victims may have longer to file their lawsuit. In these cases, the time limit to file their claims will not start running until potential plaintiffs are no longer incapacitated. Our experienced car accident attorneys can help mentally incapacitated plaintiffs navigate the complex road to recovery.
The Defendant Left the State
Also, if the defendant to your car accident lawsuit left Mississippi, then the deadline to file your case may be extended until the defendant returns. Fortunately, our lawyers can help potential plaintiffs locate missing defendants.
The Injury Was Discovered at a Later Date
Lastly, the deadline to file car accident lawsuits may be extended for victims who do not discover their injuries until some time after their collisions. According to the discovery rule, the time limit set forth by the clock will not begin running until you discover or should have discovered your injury. This is unlikely to apply in most car accident cases as you are typically aware of the crash.
Deadline for Filing a Car Accident Lawsuit for a Loved One’s Death in Mississippi
If your loved one died in a Mississippi car accident, you will have three years to seek compensation from the at-fault party. In these cases, the clock starts on the date of death rather than the date of the crash. We can help hold negligent drivers responsible for fatal accidents.
When to Notify Your Insurance Company of a Car Accident in Mississippi
You should notify your insurance company of your car accident as soon as you can after the collision. Regardless of whether the accident was your fault, you should still contact your insurer. Most insurance companies require their policyholders to notify them of any accidents that occur. Failure to report your crash to your insurance company could inhibit your chances at recovering fair compensation. Furthermore, letting an accident go unreported may cause your insurance rates to rise.
Typically, after notifying your insurance company of your crash, they will ask you to provide a written statement. In your statement, you should include a detailed description of how your accident happened and the damage it caused. However, you should avoid making any statements that may be construed as apologies or admissions of fault. Such statements may be used against you when pursuing payment through a car accident lawsuit. Fortunately, our Hattiesburg car accident attorneys can help when drafting a written statement that describes your accident for your insurer.
How Long Do You Have to See a Doctors After a Mississippi Car Accident?
You should also see a doctor as soon as possible after suffering a car crash in Mississippi. First, you must obtain proper documentation of your injuries in order to obtain monetary damages. If you wait to let your injuries heal on their own, you may be prevented from recovering fair compensation.
Moreover, defendants and their insurance companies may attempt to use gaps in your medical treatment to argue that you weren’t seriously hurt. Therefore, you should seek medical attention quickly after your accident and attend any necessary follow-up appointments. Our Jackson car accident injury attorneys can help locate the best doctors for you.
Call Our Mississippi Car Accident Attorneys Today
Contact Howe Law for help filing an injury claim. Speak with our car accident lawyers today by calling (844) 876-4357 for a free case review.