There is a three-year statute of limitations to file a car accident claim in Mississippi. If this period passes, a car accident victim loses the opportunity to pursue damages against an at-fault party. At this point, the victim is 100% responsible for medical fees and other costs relating to their accident.
For those who have been involved in a Mississippi car accident, reach out to Gatti, Keltner, Bienvenu & Montesi, PLC. From here, an experienced Mississippi car accident attorney can help their client file a claim. In the meantime, review our frequently asked questions and answers below to learn the ins and outs of suing someone responsible for a car accident.
What does Mississippi Law Say About Filing a Car Accident Claim?
Mississippi statute § 15-1-49 details the amount of time an individual has to file a personal injury lawsuit. The statute indicates an individual has three years from the date of a car accident to sue an at-fault party. This applies in all Mississippi cities and towns.
There is no extension for an individual that waits more than three years to pursue a car accident claim. Following the three-year period, an at-fault party is in clear. The car accident victim cannot sue the at-fault party, even if this individual is partially or fully responsible for any injuries from the incident.
Act quickly following a Mississippi car accident that causes an injury. In this instance, get in touch with a car accident lawyer. Then, the attorney can review a car accident claim and help the client submit a lawsuit.
What Types of Damages Can a Mississippi Car Accident Victim Pursue?
A car accident victim can seek any of the following types of damages in a lawsuit:
- Economic: These damages are objective and quantifiable. Examples include lost wages and medical bills relating to a car accident.
- Non-Economic: They are subjective and vary based on the individual. Non-economic damages include costs associated with pain or suffering following a car accident.
- Punitive: A court can award punitive damages to punish an at-fault party for reckless behavior. Punitive damages are not considered economic or non-economic.
The best car accident attorney understands Mississippi law. The lawyer can assess their client’s evidence and the factors surrounding a car accident. Next, the lawyer can help their client determine an appropriate amount of damages to pursue in a car accident case.
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What Is the Maximum Amount of Damages that a Car Accident Victim Can Be Awarded in Mississippi?
There is no limit on economic damages that a car accident victim can pursue in Mississippi. A victim can partner with a Mississippi car accident lawyer who has a track record of success. The attorney can help the victim file a lawsuit for the maximum amount of economic damages.
In Mississippi, there is a cap of $1 million for non-economic damages in car accident lawsuits. This means a car accident victim is limited to $1 million in non-economic damages, regardless of their emotional trauma. Also, for a car accident case in which punitive damages are awarded, there is typically a cap of 2-4% of a victim’s net worth.
The amount of damages a car accident victim receives can be impacted based on their percentage of fault. For example, if a car accident victim can pursue $1 million in damages and be found 20% at fault. If this occurs, the victim will be awarded $800,000 in damages.
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How Long Will It Take to Receive Damages After a Car Accident in Mississippi?
It can take months or years before a car accident victim receives damages in a lawsuit. As such, it is crucial to file a suit immediately after an accident. This ensures the victim can be awarded damages as soon as possible.
Do not expect a quick resolution after a car accident suit is submitted. A car accident attorney and their client can gather evidence and strengthen their case before it goes to court. The lawyer can negotiate on behalf of their client as well.
A car accident lawyer may be presented with a settlement offer from an at-fault party. The attorney is responsible for disclosing this offer to the client. However, the client is under no obligation to accept the offer unless it meets their expectations.
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Is It Worthwhile to Accept a Mississippi Auto Accident Lawsuit Settlement Offer?
A Mississippi auto accident lawyer will not pressure their client to accept a settlement offer. The attorney encourages the client to review the proposal carefully. This allows a car accident victim to weigh the offer’s pros and cons.
It can be beneficial to accept a settlement offer since it speeds up the legal process. The car accident victim can get a portion of the damages that were originally requested. This individual also can avoid a lengthy legal process.
On the other hand, a settlement proposal may fall short of what a car accident victim seeks. If the offer is insufficient, the victim can counter it. Throughout the course of litigation, the victim’s attorney can continue to negotiate with the at-fault party in the hopes of reaching an agreement.
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What Happens if a Settlement Offer Cannot Be Reached in a Mississippi Car Accident Case?
Many Mississippi car accident cases are settled out of court. For the cases that do not get settled, a judge and jury hear from all parties involved. They review the evidence and facts relating to each case and decide if a victim will be awarded damages.
It can be stressful entering a courtroom for a car accident case. A Mississippi auto accident attorney helps their client plan ahead for court. This ensures the victim can remain calm, cool, and collected.
After a decision is made in court, a judge and jury will notify the car accident victim and at-fault party of the verdict. If the victim is awarded damages, the at-fault must pay them in a timely manner. Once the victim receives compensation, the case is closed.
Why Should You Hire a Mississippi Car Accident Attorney from Gatti, Keltner, Bienvenu & Montesi?
Gatti, Keltner, Bienvenu & Montesi takes the guesswork out of car accident lawsuits. Choose a Mississippi car accident attorney from our law firm to receive best-in-class support at each stage of litigation. For more information or to request a free case evaluation, please contact us online or call us today.