Call Ian Brendel at 251-301-0749 to discuss your Mississippi accident/injury claim
Do I have time deadlines to file suit if I was injured in a car/truck wreck in Mississippi?
YES! Mississippi law imposes time periods to bring negligence lawsuits for car and truck wrecks. Under Mississippi law, a competent person filing a lawsuit for negligence causing injuries in a car/truck wreck has a 3 year statute of limitations from the date of the act/omission. If there is an allegation of an intentional tort, the time limitation is 1 year. Failure to file a lawsuit within the prescribed time limitation legally acts to time bars the injured person from filing a claim. This means if a lawsuit is filed outside the time limitation period, the Court will dismiss the lawsuit after a proper motion is made and heard by the Court.
Are there different time deadlines if a minor/child was injured in a car/truck wreck in Mississippi?
YES! The exception to the 3 year time limitation period for minors allows the statute of limitations to be tolled (or extended) until the minor becomes an adult at 19 years old, and reaches the age of majority in Alabama. Thus, if the injury occurs to the minor in Mississippi before their 21st birthday, the 3 year time limitation begins to start at his/her 21st birthday. Note that this is for negligence claims only. Different time periods may apply to different claims, thus you should contact a lawyer to discuss what time period applies to your case.
Do different legal requirements apply if I am involved in a car/truck wreck involving a government vehicle in Mississippi?
YES! If a claim is being a file against a driver or operator of a government vehicle in Mississippi, the claimant must submit a written notice of claim within the statutory prescribed time limits. The notice of claim must be presented to the chief executive officer of the appropriate government entity, and must be presented within 90 days before filing suit. There is a one year time limitation to bring claims against government entities in Mississippi. There is also a one year time limitation to provide the written notice of claim to the government entity. Failure to present a notice of claim within one year, or failure to wait 90 days after the written notice of claim is presented, shall act as a basis for a government entity to move to dismiss the claim. The statute of limitations for claims against to government entities in Mississippi is tolled (or extended) for 95 days after the notice is received by the chief executive officer of the government entity against whom a claim is being made.
Disclaimer: Please note that the above information is not a comprehensive summary of the laws relating to injury claims in Mississippi against government and non-government entities, and may change from time to time due to new laws and/or rules being implemented by the Mississippi legislature and the Courts, thus you should contact a lawyer to explain the nuances of Mississippi laws that may apply to your case. This is not legal advice, and is merely provided for information purposes only. You should consult a lawyer to discuss your claim independently, and you should not rely exclusively on any information provided here.