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Understanding Mississippi’s Statute of Limitations for Car Wrecks

Understanding Mississippi’s Statute of Limitations for Car Wrecks

What Mississippi Car Accident Lawyers Want You to Know About Filing Deadlines

If you’ve been injured in a car accident in Mississippi, one of the most important things to be aware of is the statute of limitations for filing a claim or lawsuit. The statute of limitations sets a strict time limit on your right to seek compensation for your injuries and losses. Missing this deadline can mean permanently losing your right to pursue a case. 

Our Mississippipersonal injury lawyers help you navigate the complexities of your legal case. Call us today at (833) 626-2857.   

Understand what the statute of limitations is

The statute of limitations refers to the legal time limit you have to file a car accident claim or lawsuit in Mississippi. Once this time limit passes, the courts will almost always refuse to hear your case, no matter how strong it is. Each state sets its statute of limitations for various legal actions. In Mississippi, the statute of limitations for most car accident lawsuits is three years from the crash date, according to Mississippi Code section 15-1-49. This applies to lawsuits for both personal injury and property damage.

However, certain factors can extend or shorten this time frame. For instance, if a government vehicle is involved, you may need to follow a different set of rules and tighter deadlines. An experienced Mississippi car accident attorney can evaluate your case and ensure you understand and comply with all applicable time limits.

Know when the “clock” starts ticking 

In most standard car accident cases, the three-year statute of limitations “clock” starts running on the accident’s date. But in some situations, the deadline may be extended. For example:

  • If the injured person is a minor at the time of the crash, they will have three years from the date they turn 18 to file a lawsuit.  

  • If the injured person is mentally incapacitated, the clock may not start until their disability is removed.

  • If the defendant leaves the state of Mississippi for an extended period after the accident, that time may not be counted as part of the three years.

Understanding exactly when the statute of limitations started running in your case is crucial for ensuring your claim is filed on time. If you wait too long and try to file after the window has closed, the defendant will almost certainly file a “motion to dismiss,” and the court will throw out your case. A knowledgeable Mississippi personal injury lawyer can analyze your situation and calculate your filing deadline.

Don’t wait until the last minute to take action

While you technically have three years to file your car accident lawsuit in most cases, it’s never wise to wait until the last minute. Substantial evidence can be lost or destroyed over time, and witnesses’ memories can fade. The sooner you involve an attorney, the sooner they can gather critical proof to build your case.

Additionally, most Mississippi car accident attorneys work on a contingency fee basis, meaning you pay nothing upfront and only collect a fee if they win money for you. So you have nothing to lose by contacting a lawyer as soon as possible after your crash.

Consulting a Mississippi Car Accident Lawyer Early is Key

After a severe car accident, your priorities should be getting proper medical treatment and following your doctor’s orders. But your next call should be to an experienced Mississippi car accident attorney who can explain the claims process and your legal rights. Even if you need clarification on whether you have a case, speaking with a knowledgeable professional who can assess your situation and advise you of your options is always beneficial. Most reputable Mississippi personal injury lawyers offer free initial consultations, so there’s no cost to get preliminary answers to your questions.

Frequently Asked Questions

  1. How long do I have to file a car accident lawsuit in Mississippi?

In most cases, you have three years from the crash date to file a personal injury or property damage lawsuit arising from a car accident in Mississippi. But it’s always best to consult with an experienced Mississippi car accident lawyer as soon as possible to ensure you understand all deadlines for your unique case.

  1. What if I was partially at fault for my Mississippi car accident?

Mississippi follows a “pure comparative negligence” rule in car accident cases. Under this rule, you can still recover compensation even if you were partially to blame for the crash, but your percentage of fault will reduce your damages. So, if you were 30% at fault, you can only recover 70% of your damages. A skilled car accident attorney in Mississippi can help you fight allegations you were to blame.

  1. How much does it cost to hire a car accident lawyer in Mississippi?

Most Mississippi car accident attorneys work on a contingency fee basis. This means they only get paid if they successfully recover money for you through a settlement or court verdict. If they don’t win, you pay them nothing. When they secure compensation for you, their fee is typically a percentage of your total recovery.

  1. How much is my Mississippi car accident case worth?

Every case is different, and many factors can impact the value of your car accident claim, including the severity of your injuries, the amount of insurance coverage available, and whether you were partially at fault. An experienced Mississippi personal injury lawyer can evaluate your case and give you a ballpark estimate of what your claim may be worth.  

  1. Do I need a lawyer for a Mississippi car accident claim?

While you’re not legally required to hire a Mississippi car accident attorney, having professional representation can make a big difference in the outcome of your case, especially if you suffered severe or catastrophic injuries. A knowledgeable lawyer can handle your complex legal and insurance issues and fight for the maximum compensation you deserve.

Work with Mississippi Car Accident Lawyer

Were you injured by carelessness in Mississippi?Mama Justice Law Firm offers afree consultation to discuss your legal options for fair financial recovery. Call us today at (833) 626-2857!    

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