If you’ve been injured in an accident and are looking to file a claim, time is of the essence. Mississippi allows you to seek compensation from the liable party, but only if you act quickly. Otherwise, the Mississippi statute of limitations on personal injury could bar your legal claim.
Smith & Holder, PLLC is a top personal injury firm serving all of Mississippi. Schedule your free consultation today to discuss your case and ensure you file before the deadline.
What Is the Mississippi Personal Injury Statute of Limitations?
A statute of limitations sets a legal time limit for filing a personal injury claim. Under Mississippi law, you generally have three years from the date of the injury to file a lawsuit. This time frame is crucial. You may lose your right to seek compensation if you miss this deadline.
For example, if your car accident happened on March 15, 2024, you generally have until March 15, 2027, to file a lawsuit against the responsible party. After that date, a court will usually bar you from seeking compensation for your injuries.
What Is the Purpose of a Statute of Limitations?
Mississippi’s three-year statute of limitations for personal injury cases isn’t an arbitrary deadline. It’s a crucial element of the legal system with several important purposes.
Preserving Evidence
Over time, evidence can deteriorate or disappear. Witnesses might forget details, move, or even pass away. Physical evidence like damaged vehicles or accident scene photos can be lost or altered. By setting a time limit, the statute of limitations helps ensure that plaintiffs take legal action while the evidence is still fresh.
Ensuring Fairness
Allowing people to file lawsuits many years or even decades after an incident would be unfair. Memories fade, records disappear, and it becomes difficult for a defendant to prepare an adequate defense. The statute of limitations ensures that parties can present their case while the facts are accessible.
Encouraging Prompt Resolution
The statute of limitations promotes the timely resolution of disputes. Legal matters can be stressful and expensive, and dragging them out for years can be detrimental to everyone involved. By requiring action within three years, the law encourages swift resolution so both parties can move forward.
Exceptions and Special Cases
The Mississippi statute of limitations for personal injury is a firm rule in most cases, but some notable exceptions can apply:
- Minors. If the injured person was under 21 years old at the time of the injury, the three-year clock doesn’t begin until their 21st birthday.
- Medical Malpractice. Cases involving medical malpractice are subject to a shorter, two-year statute of limitations.
- Claims Against Government Entities. If your injury involves a government entity, you must notify the entity within 90 days of the accident and file a claim within one year.
It’s crucial to remember that these are only a few examples, and the nuances of each exception can be quite complex. If you believe an exception might apply to your case or have questions about deadlines, speak with the lawyers at Smith & Holder, PLLC.
What Qualifies as a Personal Injury?
Personal injuries include a wide range of physical and emotional harm caused by another party. A few examples include:
- Car accidents. Injuries sustained in car crashes, truck accidents, motorcycle collisions, pedestrian accidents, and other motor vehicle incidents.
- Slip and fall accidents. Injuries from falls on someone else’s property due to hazardous conditions like wet floors, uneven surfaces, or inadequate maintenance.
- Product liability. Injuries caused by defective or dangerous products, including faulty appliances, malfunctioning machinery, and unsafe consumer goods.
- Assault and battery. Intentional acts of violence that result in physical harm.
- Wrongful death. When a person dies due to the negligence or wrongful act of another, their family members may file a wrongful death lawsuit to seek compensation for their loss.
The above is not an exhaustive list. Many other situations may qualify as personal injuries under the Mississippi statute of limitations. If you’ve been injured due to someone else’s actions or negligence, it’s crucial to consult with an attorney to determine if you have a valid personal injury claim.
Schedule a Free Consultation
Don’t allow the Mississippi statute of limitations on personal injury to stop you from getting fair compensation. Smith and Holder, PLLC has decades of experience and a proven track record of securing millions for our clients. We are well-versed in Mississippi law and understand the intricacies of personal injury claims. Let us guide you through the legal process and protect your rights.
Contact our offices today for a free consultation.
