Those hurt in a Mississippi truck accident must file a claim and lawsuit within the state’s statute of limitations. In most cases of personal injury, drivers must file a claim within three years of the date of the accident. However, there are some exceptions to this rule, and in some situations, it may be possible to file a claim sooner. Claims against government agencies may have less time, typically one year from the date of the incident.
Our meticulous Jackson, MS truck accident attorney at Hearn Law Firm will help you determine how much time you have to file a lawsuit based on the specifics of your case.
Personal Injury Statute of Limitations
Under the Mississippi statute of limitations, MS Code § 11-46-11, most victims of motor vehicle crashes, including truck accidents, have 3 years from the date of the incident to file a claim or, in some cases, a lawsuit against those at fault. This provides significant time for victims to heal or reach their maximum level of recovery, investigate, and build a claim. It also provides time for attorneys to negotiate a settlement out of court.
However, there are limitations to this long statute of limitations. The longer you wait to take legal action, the more removed you are from the situation. Evidence preservation becomes more challenging. Finding witnesses becomes harder to do. Most attorneys do not recommend waiting that long to seek legal action.
Discovery Rule
In some situations, victims may not discover their injuries immediately. They may not discover who is at fault in an accident right away. This provides for a bit more time to be added to the case in some situations.
The discovery rule applies to situations where the victim discovered or should have discovered the injuries or damages. This can pause the typical three-year personal injury statute of limitations. This typically applies in situations where there are latent injuries, meaning you do not discover the complexity of your injuries immediately.
However, there are limitations. Victims must have clear evidence of why they did not know, which justifies this additional time. You cannot simply state that you did not know. For example, you may not immediately know you suffered lung damage from toxic exposure when a truck spills hazardous materials, causing you to inhale them in the accident. You may not immediately know about defective parts being a component of the case.
Claims Against the Government
By contrast, if you are in an accident with a truck that is owned and operated by a government entity, you cannot seek claims in the same way. Most often, the government entity is immune from liability. However, victims must file a claim for compensation within one year for injuries caused by the driver of a city- or state-owned vehicle. You must notify them of the incident within just 90 days.
In government cases, it is often best to work closely with an attorney immediately after the incident. Your ability to recover damages is dependent on the details of your case.
Your Attorney Guides You
Having a Mississippi truck accident lawyer ensures you know your time limits. If your case was some time ago, reach out to the truck accident lawyer for a free consultation. Review any exceptions that may be applicable to your situation. The key here is never to wait to contact an attorney. Call Hearn Law Firm to schedule a free consultation.