When assigning financial responsible for car accident damages, Mississippi takes a fault-based approach. That means those who were ultimately to blame for the wreck are expected to compensate the victims for the losses they incur.
Put another way, if you were struck by a drunk, drowsy, or distracted driver, you likely have grounds for a third-party claim against their insurance carrier. That doesn’t necessarily mean you’re guaranteed a payout, though.
Even if the at-fault motorist has adequate liability coverage, the insurance adjuster may challenge some aspect of your case—or even your credibility in general. Should this happen, you may have no choice but to bring a formal lawsuit, and in the state of Mississippi, there’s a strict deadline for doing so.
What Is Mississippi’s Statute of Limitations for Personal Injury Actions?
In the Magnolia State, personal injury actions arising from negligence—including those involving motor-vehicle collisions—must typically be brought within three years. If the defendant will be a government agency, however, the plaintiff may have just one year to commence the proceedings.
Since there are a few exceptions to these deadlines, it’s wise to consult an attorney as soon as possible. When your financial security is at stake, you should never assume you have plenty of time to get your case off the ground, nor should you assume that once you do, the negotiations will be easy.
Even if the three-year statute applies to your situation, for example, that time is going to pass quickly. What’s more, there’s no guarantee the opposing party will be cooperative during it.
They might dispute liability, for example, or reject the damages you’re claiming, leaving you with no choice but to file a formal lawsuit. And if you attempt to go to court after the applicable deadline has passed, the judge will likely dismiss your case.
How Can I Keep My Case out of Court?
In a perfect world, the statute of limitations won’t matter because your claim will be settled long before the deadline has passed. While the odds are in your favor—most legitimate car accident claims are eventually settled—there’s no way to ensure your case won’t end up in court.
There are, however, steps you can take to make the insurance adjuster more inclined to cooperate during the negotiations, so your claim has a higher chance of yielding a satisfactory settlement. Such steps include:
- Presenting compelling evidence of fault,
- Following all medical advice,
- Logging your recoverable damages diligently,
- Naming every party that contributed to the wreck in your claim, and
- Turning to a seasoned professional to level the playing field.
Speak with a Jackson Car Accident Attorney
Are you recovering from serious car accident injuries? Do you want the liable party to compensate you for the damages? To determine how best to proceed, turn to Brown Bass & Jeter, PLLC.
Our firm is devoted to helping injured parties secure what is rightfully theirs, so they can make their lives whole again. To schedule a free case review with a car accident lawyer in Jackson, complete our Contact Form or call 601-487-8448.