Unfortunately, car accidents commonly occur across the nation, resulting in mild to serious injuries and even fatalities (Mississippi recorded just over 700 motor vehicle fatalities in 2022, per data from the Insurance Institute for Highway Safety). Injured parties in these incidents may be able to seek compensation via filing a lawsuit or dealing with an insurance claim, but only if they file on time. Explore the topic of auto accident claim deadlines in Mississippi, understand the Mississippi car accident statute of limitations, and find out how Lott Law can help individuals with filing an injury claim; contact us today at (228) 215-2787 to book a consultation with an experienced Mississippi car accident attorney.
Is There a Time Limit To Make a Car Accident Claim?
Due to Mississippi being a fault state, the at-fault motorist is typically liable for their own costs as well as those of other drivers, as outlined by The Mississippi Bar, covered by the at-fault party’s auto insurance. As a result, victims of auto accidents usually have three options for obtaining compensation after a car accident, all of which have certain deadlines for pursuing. These options include filing an insurance claim with the insurer of the at-fault motorist, submitting an insurance claim with the victim’s own insurance provider (in the event that the at-fault motorist has no insurance and the victim’s insurance includes uninsured driver protection), or bringing a legal claim against the liable driver.
In terms of insurance claim deadlines, no official, legal time limits exist, but many insurers require drivers to notify them immediately (typically no later than a few weeks) in order to avoid breaching the conditions of an insurance policy. This differs from the deadline for filing for an auto accident lawsuit, established by the statute of limitations.
What Is the Mississippi Car Accident Statute of Limitations?
The statute of limitations in Mississippi is the deadline for filing a lawsuit in that state, set at three years from the accident date, applicable to wrongful death, property damage, and personal injury claims. A court usually dismisses any lawsuit brought beyond this time limit, regardless of how strong the case is, leading to plaintiffs (such as drivers, passengers, pedestrians, motorcyclists, bicyclists, and the families of those killed in these incidents) losing the right to obtain compensation via the courts, possibly not being able to negotiate with insurers, and having to pay for their own lost wages, medical bills, and other damages. Some exceptions, however, to this rule exist, as described below:
- If the collision involves one or more government vehicles, different rules apply, including tighter deadlines for filing a claim.
- In cases where the plaintiff is under 21, they have three years after reaching 21 to bring a claim.
- If the opposing party leaves Mississippi after the incident, the three-year deadline may not begin until they return, depending on the length and nature of their absence.
- For personal injury lawsuits where the injured party has become incapacitated, the three-year deadline is from the date that they regain capacity (although this expires after 21 years).
- Sometimes, the victim’s injuries may not become noticeable for quite a while; in this situation, the three years is from the date they find out or ought to have found out about the injury.
Gain a further understanding of the Mississippi car accident statute of limitations, as well as insurance claim time constraints, and discover how a seasoned Mississippi vehicle accident attorney might aid motorists with filing an injury claim. Contact Lott Law to arrange a confidential, preliminary consultation.
Why File a Car Accident Claim Early?
Despite having three years to pursue a legal claim, starting this process promptly is advisable as the longer a plaintiff waits, the more challenging it is to obtain the required evidence for a strong case. For instance, if someone witnesses the accident, the plaintiff or their legal team might consider reaching out to them as quickly as possible; waiting too long may result in not being able to find the witness or the witness not accurately remembering the accident details.
Another noteworthy example relates to securing video evidence. Consider, for example, that dashcam, doorbell camera, city camera, or convenience store camera footage caught the incident on tape, but the victim does not approach the parties who can provide them with this footage for several months following the accident. In this scenario, they might never obtain the footage since these parties may delete or tape over the footage after a few weeks, resulting in losing key evidence that could have strengthened a lawsuit.
Discuss Filing an Injury Claim With a Seasoned Mississippi Car Accident Attorney Today
Following an auto accident whereby an injured party wishes to make a claim, an important consideration is to file a personal injury lawsuit or insurance claim within the specified time limit; otherwise, there could be penalties, including insurance invalidation and losing the right to pursue compensation. One notable deadline concerns the filing of lawsuits, with the Mississippi car accident statute of limitations requiring plaintiffs to launch legal proceedings within three years from the date of the accident. For assistance with filing an injury claim, and to learn more about car accident claim deadlines, schedule an initial discussion with a knowledgeable Mississippi auto accident attorney from Lott Law; call our firm today at (228) 215-2787.