The Legal Limits of Your Mississippi Personal Injury CaseMississippi Legal News
If you sustained an injury in the state of Mississippi and were not liable for the accident that caused it, you might have a legal right to file a personal injury claim against the person or company responsible. Even small injuries can turn costly in the blink of an eye if you suddenly find yourself paying for things such as an unexpected stay in the hospital and physical therapy. These costs can be compounded if your means of employment has been affected by your injury.
Although a personal injury claim is unquestionably a vital legal option, we strongly advise that you fully examine the circumstances of your case with a Mississippi personal injury attorney prior to filing any claim. Your attorney will examine the facts of your individual case and ensure you stand a reasonable chance of establishing the other person’s negligence. This step is a cornerstone of any personal injury case with a successful outcome.
Every state has personal injury laws that vary slightly, so it would be time well spent to familiarize yourself with a few of the limitations that are enacted in Mississippi as they will have a direct impact on your ability to file a claim.
The Statute of Limitations
Each state places a deadline on filing a personal injury claim. Regardless of the deadline, the quicker you file your claim, the better although this advice has less to do with the statute of limitations and more to do with the fact that it is easier to determine fault when the facts of the case are fresh. Eyewitnesses are more difficult to locate and their reliability deteriorates over time. Proof that might have been useful in verifying your claim can vanish or become less valuable.
In Mississippi, should you choose to file a claim against someone who is not a government entity or employee, you are given three years from the initial date of your injury to do so. Once the 3-year window closes, it is very doubtful that any court will permit you to file your claim without a dazzling set of extenuating circumstances. For instance, if you learn that you had an injury that somehow did not exhibit symptoms until three years had passed. In the case of people being diagnosed with Non-Hodgkins Lymphoma after working with Monsanto’s Round-Up Weed Killer for years, the three-year time limit is taken from the date of their diagnosis.
No matter how certain you are that your behavior played absolutely no role in the accident that caused your injury, the defendant might feel a bit differently. Do not be alarmed if their insurance adjuster cooks up a way in which you are somewhat at fault for the incident. This is what is known as comparative negligence. Obviously, you and your personal injury attorney will contest the allegation and, if you can submit satisfactory evidence to the contrary, you will still be able to claim 100 percent of the financial compensation you are seeking.
No Caps on Pain and Suffering
In Mississippi, there is no limit on the non-economic damage of pain and suffering, but that does not mean it’s a free-for-all. Your personal injury attorney will inform you of the amount of damage for your pain and suffering that is feasible based on their prior experience.
If you or a member of your family has been involved in a car accident, attorneys at Germany Law Firm, PLLC are in your corner. We have the experience and the knowledge necessary to help you obtain the financial compensation to which you are entitled.
After almost four decades of legal practice, our skilled, Mississippi-based attorneys know exactly what it takes to win your case. Our attorneys are proud of their outstanding performance histories and distinguished reputations.
If you have recently been injured due to the negligence of another driver, then we firmly encourage you to speak with a qualified Mississippi personal injury attorney by giving us a call at (601) 487-0555 and scheduling an appointment for a free case evaluation so that we can advise you on the best course of legal action for your situation.