Mississippi state laws and statutes govern the review and evaluation of personal injury claims. As such, any attorney you select should have state-level experience. He or she will therefore be able to argue negligence and fault in your claim according to state laws, and will work to get you the fairest settlement available or award of damages possible given the unique circumstance of your case.
Mississippi is a “Comparative-Fault” State
Every state evaluates personal injury claims under a fault-based system. In some states, if you are at all responsible for your own injuries, you can’t file a lawsuit, even if you are only minimally responsible for the injuries you suffered. In Mississippi however, a comparative-fault or contributory negligence analysis is applicable in personal injury claims.
Under this type of system, your degree of fault and that of the party or parties you name in your lawsuit is examined. You can be up to 99 percent responsible for your own injuries and still file a lawsuit in Mississippi; however, the damages you’re awarded are reduced according to your degree or fault or responsibility.
In other words, if you are 90 percent responsible for your own injuries, while you can still file and win a personal injury claim, you would only be entitled to receive 10 percent of the potential damages that could be awarded in a claim like yours.
Potential Damages for Personal Injury in Mississippi
The damages that can be sought in a personal injury claim vary from one state to the next and in the state of Mississippi you can seek both financial and non-financial damages. Financial or economic losses can include property damage, medical expenses, in-home supportive or skilled care, lost wages and loss of future earnings ability.
In terms of non-financial damages, you can seek compensation for pain and suffering. A personal injury attorney familiar with the Mississippi claims process will be able to advise you on the damages you should seek in your case.
Statute of Limitations for Personal Injury Claims in Mississippi
Every state places limitations on the timeframe you have for filing personal injury claims, and in some states, there are different statutes of limitations that govern different types of personal injury lawsuits. In the state of Mississippi however, there is a single statute for all types of personal injury claims, and it amounts to three years from the date the claimant knew he or she had suffered harm due to the negligent or intentional actions of another.
While most personal injury claims must conform to the statute of limitations, there are specific instances in which the statute can be waived or extended. The timeframe for filing a claim starts as soon as you realized you’ve suffered harm. In most cases this means as soon as you were injured; however, injuries in some types of cases take more time to show up. In such a case, you may not realize you’ve been harmed until later down the road. A Mississippi personal injury attorney may be able to get your case reviewed even if the statute of limitations has already expired.