A statute of limitations dictates the time limit for filing a legal claim with the courts. Filing limitations are applicable to both criminal and civil law matters. With respect to automobile accidents, the civil statute of limitations starts running from the day the accident occurred or the day you became aware of an injury (e.g., the date of a doctor’s diagnosis). Filing a lawsuit relating to an automobile accident should be done as soon as possible following your accident, in order to preserve evidence needed to prove your claim.
Mississippi imposes a three-year statute of limitations for the following civil damages claims under Mississippi Code Annotated § 15-1-49 (2012):
- Personal injury
- Products liability
- Property damage
- Wrongful death
The purpose of statutes of limitations is to prevent stale or fraudulent claims by establishing a reasonable deadline for filing a legal claim (and, thereby, resolving the legal claim). The idea is to keep evidentiary matters, such as testimonial details respective to a car accident, fresh and relevant in terms of litigation. Witnesses, memory, and tangible evidence disappear as time passes.
Expediting the filing of your claims is important to you, because it gets the legal wheels turning on damages awards to hasten the economic relief available to you to compensate for lost wages and medical bills.
Once you, or your loved one, have secured medical treatment for injuries sustained in an automobile accident and are able, the next order of business should be contacting an experienced attorney specializing in automobile accident matters. The preservation of evidence needs to begin immediately following your injury, and your attorney can handle this in conjunction with his (or her) investigation into the accident on your behalf. Your attorney also takes statements, which is important later because this information helps you recall details of the accident that caused your injuries. In the course of the investigation, your attorney gathers medical reports and bills, photographs the vehicles and location involved in the collision, and interviews witnesses. Your attorney also ascertains compliance with Mississippi’s statute of limitations, ensuring that your personal injury or wrongful death claim is filed in a timely manner.
If you, or a loved one, have been injured in a car accident due to someone else’s negligence, make an appointment with one of our attorneys by calling (601) 790-1505.
