The state of Mississippi has specific rules regarding personal injury cases. It is important to be represented by counsel in order to navigate these rules. These are some important laws that may affect your settlement
Deadlines- You have three years from an accident to file a civil personal injury suit in the state of Mississippi. This is a strict statute of limitations, and failure to file within the deadline will forfeit your right to have your case heard in court.
Shared Fault- Mississippi law employs the “pure comparative negligence” rule. This means that the amount of damages you are entitled to can be reduced by the court by a percentage equal to your determined fault in the accident. Fault may be determined by a jury during the trial, but may also come up if the matter is settled via an insurance claim.
Caps on Injury Damages- Unlike many other states, Mississippi does not limit damages in personal injury cases. You can collect as much money in non-economic damages such as “pain and suffering” as the jury deems appropriate. This is because damage caps have been ruled as being illegal under the Mississippi constitution by the state supreme court.
Liability for Injury in Animal Attack Cases- Like many other states, Mississippi employs the “one bite rule” in animal attack cases. This means that the owner of the animal is liable for any injuries caused by that animal, if they had prior knowledge that the animal is dangerous. If your dog has never bitten anyone before, you would not know to take precautions against an attack, and therefore would not be found liable.
Claims Against a City, County, or State- If your injury claim is against a government entity in Mississippi, the time limit is considerably shorter than in other cases for filing suit. There is a strict 90 day time limit to file your case with the court. It is important to retain counsel as soon as humanly possible, or you risk losing your right to have the matter heard at all.
Contact us for representation in Mississippi.