The statute of limitations is a law that dictates the maximum amount of time a person has to take some kind of legal action after an accident or alleged offense. Yet, if you do not submit your case within that allotted amount of time, you may be barred from pursuing compensation for the harm and losses you sustained.
However, although this rule is a staple in each state, including Mississippi, when it comes to filing a legal claim, many people are not aware of this regulation or are unsure how it applies to their situation. That is why if you are thinking about exploring your legal options after an accident or want to pursue legal action, it may be a good idea to reach out to an experienced Mississippi accident attorney as soon as possible. These lawyers can not only help you figure out how soon you must take legal action in Mississippi, but they can also help you prepare the strongest case possible to go after the compensation you deserve.
Taking Legal Action in Mississippi — How Much Time Do You Have?
In Mississippi, the statute of limitations will often depend on the offense you are suing for. For instance, some of the more common time limitations that individuals in Mississippi may have to deal with include the following:
- Personal injury: 3 years
- Product liability: 3 years
- Medical malpractice: 2 years
- Property damages: 3 years
- Wrongful death: 3 years
As a result, if you have suffered a personal injury in a Mississippi accident, you will only have three years from the date of the accident or the date you discovered the harm to file an injury lawsuit in civil court. If you do not stick to this three-year time period, or this period has expired, then it is very likely that the Mississippi court will refuse to hear your case and deprive you of the opportunity of obtaining money for your injuries and losses.
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Claims Against Governmental Agencies in Mississippi
If your injury or accident was due to the wrongful actions of a Mississippi governmental agency or employee, you will need to abide by a different set of rules when it comes to filing a claim. In fact, before you can even file a lawsuit against these agencies, you must first file a notice of claim with the chief executive officer of the appropriate governmental entity at least 90 days before initiating the suit.
For these reasons, if you believe you have a case against the government, it is best to act fast and reach out to an experienced personal injury attorney as soon as possible. These lawyers can promptly review what happened, figure out how much time you have to file your claim, and ensure that all the necessary documents are submitted with the appropriate party before time runs out.
Tolling the Statute of Limitations in Mississippi
Although the statute of limitations rule sets specific time periods that individuals need to abide by when it comes to filing a legal case in Mississippi, there are certain exceptions that may arise that can impact these filing periods. For instance, one issue that may come up with the statute of limitations is “tolling.” When it is said that a statute is tolled, it means that the statute has stopped running for a period of time.
In general, some of the more common reasons for tolling the statute of limitations include:
- Age: If the accident victim is a minor at the time the injury occurred, the statute of limitations can be tolled.
- Mental Incompetence: If an accident victim is not mentally competent at the time their injury occurred, the time to file their case can be paused.
For most cases, with the exception of medical malpractice cases, the statute of limitations will begin to run on the minor’s 21st birthday. However, for disabilities, such as mental incapacity, the statute of limitations will start to run once the disability is removed. Yet, it is important to note that the statute of limitations cannot be tolled forever, and extensions for individuals with a disability may not be longer than 21 years.
Filing Your Case Before Your Time Runs Out with an Experienced Personal Injury Attorney
Before you can collect compensation for the harm and losses you sustained after an accident in Mississippi, you need to first confirm that you have enough time to file your case. However, following this devastating accident, this is probably the last thing you want to worry about. Fortunately, with an experienced Mississippi personal injury lawyer on your side, you will not worry about figuring out these complex timelines on your own.
Instead, once hired, these lawyers can:
- Go over your case in detail, determine whether you have a viable claim, and figure out the legal options you have.
- Investigate the incident and obtain the evidence needed to prove fault and damages.
- Ensure that legal motions and documents are prepared correctly and submitted to the correct court before time runs out.
Plus, with these legal professionals fighting on your behalf, they can handle all the negotiations with the other side and the insurance company and go after a fair settlement amount. However, if the talks are not working out and the other side is unwilling to provide you with the compensation you need, these attorneys are also ready to head to court and fight for the maximum damages you deserve.
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Contact Morris Bart Today and Get the Legal Help You Need
If you are thinking about filing a legal claim and are worried about running out of time, do not wait any longer to secure the legal assistance you require. Instead, contact Morris Bart today for a free case evaluation and find out how our skilled accident attorneys can help you.
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