Don’t Wait: Mississippi’s Personal Injury Claim Time Limits
Personal injury claims cover a wide variety of cases, including accident injuries, auto accidents, premises liabilities, and product liabilities. These cases involve people who have suffered injuries or the loss of a loved one in an accident. Serious or permanent personal injuries can affect the lives and livelihoods of the injured for years to come. You and your family may deserve compensation for your injuries.
The Statute of Limitations Tolls For All
Personal injury cases have a time limit for filing. This deadline for bringing a lawsuit is called the statute of limitations. According to Mississippi Code, most proceedings must begin within three years of the incident in question. This three-year clock starts ticking on the date of the injury.
Many types of potential lawsuits have filing time limits, or statutes of limitations. These limitations are in place in order to create order. They balance the injured party’s right to justice with the accused’s right to have claims filed in a timely manner. Without statutes of limitations, an injured party could hold a potential lawsuit over the head of the accused for years on end.
Exceptions to Statutes of Limitations
Exceptions to time constraints are very rare and generally only occur when the plaintiffs are able to provide evidence of issues that caused the delay. Mississippi does have a “discovery rule” exception. This exception states that the filing deadline may be extended if the injured person did not know about either the injury or the fact that the potential defendant’s actions may have caused the injury until after the original three years has passed.
Common examples of the discovery rule are hidden substances such as asbestos or lead-based paint. If your home had asbestos in the insulation for years and you later develop lung cancer as a direct result of this prolonged exposure, the regular statute of limitations may have long since expired before you were even aware of the issue.
The discovery rule states that the original time limit starts the day the injury is discovered. In the case of the asbestos-related lung cancer, the three year filing window begins the day of the cancer diagnosis. This is the point at which you are aware of the both the injury and the cause of the harm.
Navigating this discovery rule exception and, often times, discovering when the statute of limitations began, can be difficult. An experienced Mississippi Personal Injury Lawyer can help.
Do Not Wait To Consult a Mississippi Personal Injury Attorney
While three years may seem like a long time to file a lawsuit, the generous time period to file does not mean that you should wait to the last hour to do so. There are many good reasons to hold off on filing a case, such as if you are waiting to discover the full extent of your injuries, but if you wait too long to file it can have a negative impact on your case beyond falling outside the statute of limitations. Consulting with an experienced personal injury attorney shortly after your accident is the best possible choice you can make when you have been injured due to someone else’s negligence. A personal injury attorney can offer valuable guidance and insight for your case. The attorneys at the Law Offices of Judy Guice in Biloxi, MS have decades of experience handling personal injury claims. Contact us today for a free consultation on your case.