If you have been involved in an accident in the state of Mississippi that wasn’t your fault, but it caused you serious injuries, you may qualify for a personal injury claim. Various laws and statutes apply to personal injury settlements and court cases, which you should learn about before taking any legal action. Personal Injury is a multifaceted branch of Law that addresses many types of accidents and injuries that are the result of misconduct or gross negligence. The rules for handling a dog bite injury shall differ from a car accident or medical malpractice case.

In most cases, such as auto accidents and workplace injuries, the victim is reimbursed for his/her damages by the at-fault party’s insurer. How much the victim receives or what percentage of the damages are compensated depends on various factors, such as the perpetrator’s insurance policy, the level of neglect, and the severity of injuries. Therefore, it is advised to consult Personal Injury Attorney in Ridgeland, MS, who shall guide you through the claiming process or help you file a lawsuit if necessary.

Statute of Limitations

Accidents can happen anywhere and at any time. If the accident took place on someone else’s property, they could be subject to premises liability. If you were harmed by a consumer product, it is possible that multiple parties can be held responsible for your injuries, including the manufacturer, assembler, packaging/marketing agency, and the vendor. Similarly, your employer would be responsible for an accident that occurred at work while you were doing your job.

Every state establishes a time limit for filing a personal injury claim or civil lawsuit. The deadline for bringing your case forward is normally referred to as statute of limitations. In Mississippi, you have about 3 years to claim compensation, starting from the date of the accident. The given time is usually enough for realizing the cause and extent of an injury, as well as obtaining the right medical treatment for it.

If a personal injury case is filed after the allowed 3-year period, it is very likely that the Mississippi civil court will reject it. You could be given a chance to seek compensation past the statute of limitations under unusual or exceptional circumstances only. Unlike many other states, Mississippi does not cap damages sustained in personal injury cases.

Shared Fault

When you file a claim with the at-fault party’s insurance company, they will investigate the case to identify gaps/inconsistencies in your story. They may attempt to invalidate the claim by stating that the client’s policy does not provide coverage, or that you are the one at fault. More than often, the claimant is found to be partially responsible for an accident, so do not be surprised if this happens to you. You can still receive compensation for your damages, as long as the defendant holds greater liability.

For instance, if the cost of your damages is $20,000 and you were 20% responsible for the accident, you can still claim compensation of $16,000. Being partially responsible for the accident does not deprive you of the right to demand reimbursement of your loss. No matter what the perpetrator’s insurer says, the state court will apply the ‘pure comparative negligence’ rule for fair judgment; hence, the overall compensation amount would be reduced by your percentage of fault.