Car accidents can leave victims dealing with serious injuries, lost wages, medical expenses, and emotional distress. After a crash, one of the most pressing questions is, “How long do I have to file a car accident claim in Mississippi?” If you wait too long, you risk losing your right to seek compensation.
At Barrett Law, PLLC, we help injured victims and their families recover full and fair compensation after serious car accidents. Jonathan Barrett, an experienced Mississippi Car Accident Lawyer, has spent decades representing accident victims across the state. If you or a loved one has been injured in a car accident, you need to act before the legal deadline expires.
Mississippi’s Statute of Limitations for Car Accident Claims
The statute of limitations is the legal deadline for filing a lawsuit after a car accident. In Mississippi, the following deadlines apply:
1. Personal Injury Claims (Miss. Code Ann. § 15-1-49)
- You have three years from the date of the accident to file a lawsuit for personal injury.
- This applies to claims involving broken bones, head trauma, spinal cord injuries, and other accident-related injuries.
2. Wrongful Death Claims (Miss. Code Ann. § 11-7-13)
- If a car accident results in a fatality, the deceased’s family has three years from the date of death to file a wrongful death lawsuit.
3. Property Damage Claims
- If your car or personal property was damaged in a crash, you also have three years to seek compensation.
These deadlines are strictly enforced, meaning if you miss the deadline, your case will likely be dismissed.
What If You Miss the Deadline?
If you fail to file your lawsuit before the statute of limitations expires, you will likely:
- Lose your right to seek compensation through the courts
- Be unable to negotiate a settlement with the insurance company
- Be left paying out-of-pocket for medical expenses, lost wages, and damages
There are very few exceptions to these deadlines, making it critical to take legal action as soon as possible.
Exceptions That May Extend the Deadline
While Mississippi has firm statutes of limitations, certain exceptions may extend the filing deadline.
1. If the Victim Is a Minor
- If the injured party is under 21 years old, the statute of limitations does not begin until they turn 21.
- However, claims against government entities may still have shorter deadlines.
2. If the At-Fault Driver Leaves the State
- If the at-fault driver leaves Mississippi after the accident, the time they are out of the state may not count toward the three-year deadline.
3. If the Injured Victim Is Mentally Incapacitated
- If a victim suffers a brain injury or is otherwise mentally incapacitated, the statute may be paused until they regain mental competency.
These exceptions are rare and require legal interpretation. If you believe an exception may apply to your case, consult an attorney immediately.
Who Is Affected by Mississippi’s Statute of Limitations?
The statute of limitations applies to anyone seeking compensation after a car accident, including:
- Drivers injured in a crash caused by another motorist
- Passengers hurt in a collision
- Pedestrians or bicyclists hit by a vehicle
- Motorcyclists struck by negligent drivers
- Families filing wrongful death lawsuits
Even if you are unsure about pursuing legal action, it is essential to understand your rights before the deadline passes.
How to Protect Your Car Accident Claim
Taking the right steps after a car accident can help you build a strong case and protect your right to compensation.
1. Seek Medical Attention Immediately
- Even if you feel fine, some injuries take days or weeks to appear.
- Medical records serve as crucial evidence in your claim.
2. Report the Accident
- Always call the police and get an official accident report.
- Mississippi law requires you to report any crash resulting in injury, death, or over $500 in damages.
3. Gather Evidence
- Take photos of the accident scene, your injuries, and vehicle damage.
- Get witness contact information and the other driver’s insurance details.
4. Do Not Accept a Quick Settlement
- Insurance companies often offer low settlements to close cases fast.
- Speak with an attorney before signing anything.
5. Contact a Mississippi Car Accident Lawyer
- An attorney can handle negotiations, gather evidence, and ensure you meet all deadlines.
- Jonathan Barrett fights for full and fair compensation for Mississippi car accident victims.
Frequently Asked Questions About Car Accident Deadlines in Mississippi
How long do I have to file a claim with the insurance company?
There is no official deadline to report an accident to the insurance company, but most policies require immediate notice, often within a few days to a few weeks.
What if the at-fault driver was uninsured?
If the other driver had no insurance, you can file a claim with your uninsured motorist coverage or pursue legal action within three years.
Can I still file a lawsuit if the insurance company is negotiating?
Yes, but do not assume insurance negotiations extend your filing deadline. You must file within three years to protect your rights.
What if my injuries worsen after the deadline?
Once the statute of limitations expires, you cannot file a lawsuit, even if your injuries become more serious over time.
Do I have to go to court to file a car accident claim?
Not always. Many cases are settled through negotiation before trial. However, filing a lawsuit ensures you have legal options if settlement talks fail.
What if I didn’t realize I was injured right away?
You still have three years from the date of the accident to file, even if your injuries became apparent later.
Can I sue if a government vehicle caused the crash?
Yes, but claims against government agencies have shorter deadlines—usually one year or less.
Do I need a lawyer to file a car accident claim?
While you are not required to hire an attorney, having a lawyer dramatically increases your chances of securing maximum compensation.
Injured or Lost a Loved One in a Car Accident in Mississippi? Call Mississippi Car Accident Attorney Jonathan Barrett 24/7/365 at (601) 790-1505 for Your FREE Consultation
The statute of limitations on car accident claims is strictly enforced in Mississippi. If you fail to file within three years, you lose your right to compensation—regardless of how severe your injuries are.
At Barrett Law, PLLC, we help accident victims and grieving families recover the maximum compensation possible. Jonathan Barrett has decades of experience handling Mississippi car accident cases and fights aggressively for full justice.
We represent clients across the entire state of Mississippi, including Jackson, Gulfport, Southaven, Hattiesburg, Biloxi, Olive Branch, Tupelo, Meridian, Pearl, Madison, Greenville, Oxford, Clinton, Horn Lake, and Brandon.
📞 Call (601) 790-1505 today for a FREE consultation—available 24/7/365. Do not wait until it is too late to file your claim.
