Do You Know What the Statute of Limitations is on a Personal Injury Case?
Did you know that each state has its own deadline for filing a personal injury lawsuit? Referred to as the statute of limitations, these laws are usually set in place the day the accident takes place. If an individual does not go to court or file their case before the statute of limitations ends, then there’s a good chance they won’t be able to claim their legal rights to a lawsuit.
In the state of Mississippi, there are multiple laws that apply to personal injury cases and settlements. If you are injured in our state, you have three years from the date the accident took place to file a personal injury lawsuit in civil court. Individuals who attempt to file a claim after the three year deadline has ended can almost guarantee that the court will refuse to hear their case, hence the importance of filing your claim prior to this deadline, which allows you to receive the compensation that you deserve for your injuries.
Shared Fault in an Accident
There are some cases where an individual might file an insurance claim only to have the other party argue that they are partially responsible for the accident. If there is partial fault, it can affect the amount of compensation an individual receives. When there is shared fault in a Mississippi injury case, the court applies a “pure comparative negligence” rule. This means that whatever compensation you are entitled to receive is reduced by an amount equal to the percentage of your fault.
Caps on Injury Damages
As of right now, there are no cap damages in personal injury cases in Mississippi. Other states have limits on the kinds of damage an injured person can receive in a court case though.
Injury by Dogs or Animals
There is currently not a specific statute in Mississippi governing personal injuries acquired by dog or animal bites. Typically, owners will be held accountable for the injuries caused by their animal if the person injured can prove that they “should have known” the animal is dangerous, also known as the “one bite” rule.
Claims against a City, County or State Entity
If an individual has a claim that their personal injury was caused due to negligence of a government employee or agency, then there are a separate set of rules that must be followed. Injury claims against Mississippi’s government must be filed within 90 days and it must be filed with the Attorney General.
Mestayer & Associates provides civil litigation for clients throughout the Gulf Coast area including Pascagoula, Biloxi and Gulfport. If you are making future plans for your estate, then contact us today and let us help take care of every detail of your finances. Call us today at 228-762-1193 or visit www.pascagoulalaw.com. We are your legal experts! You can also visit our office located at 2128 Ingalls Ave. in Pascagoula, Mississippi. We look forward to talking with you!
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This article does not create an attorney-client relationship. I am licensed to practice law in Mississippi and have based the information presented on US laws. This article is legal information and is for entertainment and informational purposes only and should not be seen as legal advice. You should consult with an attorney before you rely on this information. Any information provided in this blog is accurate and true to the best of my knowledge, but that there may be omissions, errors, or mistakes.