You may have a basic understanding of personal injury law, but every state is a little different and in some areas some states have very unusual rules and laws that might surprise you. Your general knowledge, and the assumptions that come with it, can cause you to make mistakes that will cost you your case.
In order to successfully pursue compensation, you need an experienced personal injury attorney with knowledge of the laws in your state. Here are some of the basics of what you will be dealing with in the state of Mississippi.
Comparative negligence
Every once in a while an accident or injury occurs where one person is clearly and completely to blame. Most of the time, life is more complex and it is not uncommon for the injured party to share some responsibility for the events which caused the injury. Some states take a very hard stance, barring you from compensation if you have contributed to your injuries in any way. Fortunately, Mississippi is not one of those states.
Mississippi follows the doctrine of comparative negligence holding each party responsible for their share of fault. Even if you were 99% responsible for your injuries, technically the person who held the other one percent of blame could be held responsible for one percent of your losses. Obviously, in most cases one percent would not be worth pursuing, but this is a very straightforward policy which allows you to pursue compensation for small percentages of your loss. In cases of severe injury, even a small percentage can make a big difference.
Several liability – getting paid
Before pursuing your case, you probably want to know what your chances are of actually receiving compensation if you win. In Mississippi, several liability applies. This means that each defendant is responsible for their share, and only their share, of the payment. This only comes into play when there is more than one defendant. If one of the responsible parties is unable or fails to pay their portion, you will not be able to turn to the other responsible parties to make up for the non-payment.
Time limits are everything
No matter how good your case, how heinous the responsible party’s actions, or how much you need and deserve compensation, you will not get off the hook for filing too late. The time limit for filing your case is called the statute of limitations. It is an area
where many people lose out. When you are dealing with the everyday realities of a serious injury, dealing with a lawsuit is the last thing you want to think about. Unfortunately, you will be held to the statute of limitations. If you do not file your lawsuit in time, you will give up your right to pursue compensation.
The statute of limitations for most personal injury cases in Mississippi is three years. Some types of personal injury, including products liability and medical malpractice have even shorter time limits. If you even suspect that you may want to file a lawsuit, talk to an experienced personal injury attorney right away to make sure that you do not miss your deadline.
Please read our Mississippi Statute of Limitations page to learn more details about time limits in Mississippi.
If you or a loved one has been injured or killed in Mississippi, please contact one of our Mississippi personal injury lawyers for a free claim evaluation.
