Posted on: Dec 13, 2021

When you sustain an injury in a car accident, you probably want to know how long you have to file a lawsuit. Mississippi, like most states, sets a time limit for filing auto accident injury claims. Here’s everything you need to know about the statute of limitations and how it might apply to your case.

The Car Accident Statute of Limitations for Mississippi

mississippi car accident statute of limitations

If you get into a car accident in Mississippi, you have only a limited time to file a lawsuit for your injuries. This is what’s known as the car accident statute of limitations.

Under MC § 15-1-49, the victim has three years from the date of the accident to file a lawsuit. After this period, the court is unlikely to hear the case.

For this reason, it’s important to hire a Mississippi car accident attorney to build your case before the deadline approaches.

Exceptions

There are several exceptions to the Mississippi car accident statute of limitations that may apply depending on the circumstances. While some of these exceptions are more common than others, it’s important to know how they delay the clock. In Mississippi, the plaintiff may have longer to file a claim if:

  • The victim is a minor: If the victim is under the age of 18 at the time of the accident, the clock doesn’t start until they reach their 18th birthday.
  • The victim is mentally incapacitated: This applies to victims who are in a coma or are otherwise mentally unable to make legal decisions. The clock starts once they are no longer incapacitated, up to a maximum of 21 years.
  • The defendant leaves the state: Sometimes, defendants go into hiding or move away before the victim files a lawsuit. In this case, the clock starts when the defendant returns to the state.
  • The victim discovers the injury some time after the accident: In rare cases, the victim may not discover their injury until weeks or months after their crash. Under the discovery rule, the clock doesn’t start until the victim discovers or should have discovered the injury.

Even if these exceptions may apply to your case, it’s important not to delay. We highly recommend reaching out to one of our car accident attorneys as soon as possible. 

Is the Mississippi Car Accident Statute of Limitations the Same if the Victim Dies?

Like the statute of limitations for personal injury, the statute of limitations for a wrongful death claim is three years in Mississippi. However, the limitations period begins running on the date of death rather than the date of injury.

Injured in a Mississippi Car Accident? We Can Help

Since 1981, Harris Law Firm has delivered justice for injured clients throughout Mississippi. We know how difficult the car accident claims process is for individuals and families, especially while they recover. That’s why we use a one-on-one approach to get to know our clients’ needs. Our goal is to manage every aspect of the case and fight for the compensation you need to get back on your feet.

To schedule a free consultation with one of our experienced attorneys, give us a call at 662-262-8114 or contact us online.

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