A statute of limitations is a deadline by which a plaintiff must file a personal injury lawsuit. This deadline is also called the “prescriptive period.” If you attempt to file a lawsuit after the statute of limitations has expired, it is likely that the court will dismiss your case.
In the state of Mississippi, most personal injury cases have a statute of limitations of three years. The clock starts ticking on the date of the injury or loss, or on the date when the injury or loss should have been reasonably discovered.
There are, however, several exceptions to the three-year deadline. For example, if a person intentionally caused your injuries, you only have one year to file your lawsuit. The statute of limitations for most medical malpractice lawsuits is two years; however, if the victim was 6 years old or younger, the deadline is two years after the child’s sixth birthday.
Mississippi has a special statute of limitations for minors. Except in cases involving medical malpractice or wrongful death, if the victim is a minor, the statute of limitations starts to run when the victim turns 21.
Waiting too long to file your lawsuit is just one of many potential mistakes that could harm your claim. If you would like to avoid costly oversights during the claims process, contact Ballard Law, PLLC.
William E. Ballard is a personal injury attorney in Madison who will relentlessly help you fight for the maximum settlement. If your case goes to trial, Mr. Ballard has the litigation experience to represent your interests in court. Schedule a free consultation today by calling 769-572-5111.
What Damages Are Recoverable in Personal Injury Claims?
The answer to this question depends on the severity of your injuries and the specific facts of your case. In the state of Mississippi, the following damages may be recoverable in personal injury cases:
- Past, present, and future medical expenses;
- Permanent injury or disfigurement;
- Pain and suffering;
- Lost wages;
- Loss of future earning capacity;
- Property damage;
- Emotional trauma; and
- Punitive damages.
Punitive damages are not recoverable in most personal injury cases. In order to recover punitive damages, the defendant must have acted with gross negligence and caused catastrophic injuries.
If you were injured or lost a loved one due to another person’s negligence, contact Ballard Law, PLLC to discuss your case. Attorney William E. Ballard will gather evidence, interview witnesses, calculate your damages, and help you fight for the maximum compensation. Call 769-572-5111 today to schedule a free consultation with an accident lawyer in Madison.
