When you get injured as a result of someone else’s negligent actions, you may be able to file a personal injury claim or lawsuit seeking compensation for your injuries and other losses. However, the law imposes a time limit within which you must take legal action. This time limit is known as the statute of limitations. In Mississippi, the statute of limitations for personal injury claims is based on the type of injury and who the defendant is. Here’s what you should know about the statute of limitations on personal injury claims in Mississippi.
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The Statute of Limitations for Most Personal Injury Claims
In Mississippi, the statute of limitations for most personal injury claims, including car accidents, slip and falls, and medical malpractice, is three years from the date of the accident or injury. This means that you must file your lawsuit or reach a settlement with the other party within three years of the accident or injury. If you fail to do so, your claim will likely be dismissed.
Exceptions to the Three-Year Rule
There are some exceptions to the three-year statute of limitations in Mississippi. For example, if the injured person is a minor, the statute of limitations for a personal injury claim does not begin to run until the child turns 21. Similarly, if the injured person is mentally incapacitated, the statute of limitations may be tolled until they are declared mentally competent.
Another exception to the three-year rule applies to claims against government entities or employees. In this case, the injured person must file a formal notice of claim with the appropriate government agency within one year of the injury. After the notice of claim is filed, the injured person has an additional two years to file a lawsuit.
The Discovery Rule
In certain cases, the three-year statute of limitations may not begin to run until the injury is discovered. This is known as the discovery rule and applies in cases where the injury is not immediately apparent, such as in cases involving exposure to toxic substances or medical malpractice. Under the discovery rule, the statute of limitations begins to run from the date the injury is discovered or should have been discovered through reasonable diligence.
Why You Should Act Quickly
If you are considering filing a personal injury claim, it is important to act quickly and consult with an experienced personal injury attorney. Failing to file your lawsuit or reach a settlement within the statute of limitations can result in the loss of your right to recover compensation for your injuries and other losses. Additionally, waiting too long to take legal action can result in the loss of critical evidence or witness testimony.
Contact a Mississippi Personal Injury Attorney
Navigating the statute of limitations and other legal requirements involved in a personal injury claim can be complex. That’s why it’s important to consult with an experienced Mississippi personal injury attorney as soon as possible. A skilled attorney can help you understand your legal options, protect your rights, and work to secure the compensation you deserve. Contact a Mississippi personal injury attorney today to learn more.