When to File a Personal Injury Claim
While Mississippi’s statute of limitations allows you three years (in most cases) from the date of injury to file a personal injury lawsuit, this does not apply to personal injury claims. Depending on the applicable insurance policy, you may be required to file a personal injury claim within a “reasonable period of time.” What constitutes a “reasonable period of time” is not always specifically defined by the policy, but generally means anywhere from a day to several weeks.
First, however, you must determine if you have grounds for a claim. Ask yourself the following:
- Were you injured, and did those injuries lead to specific measurable damages, such as medical bills, lost wages, and/or pain and suffering?
- Did someone else have a responsibility to act reasonably and/or take certain measures to prevent you from being injured?
- Did the other person or party fail to uphold this responsibility, either by acting negligently, carelessly, recklessly, wrongfully, or intentionally inflicting injury?
- Were your injuries and damages the result of the other person or party’s negligence or wrongful/intentional conduct?
- Is the other person or party strictly liable for your injuries and damages under the law, regardless of whether they acted negligently or wrongfully?
Determining when you are entitled to file a personal injury claim can be difficult. At ‘MAGGIO LAW, our attorneys are happy to sit down with you and discuss the details of your case during a no-cost, no-obligation consultation. We can answer any questions you may have and advise you as to the best course of action based on your unique situation.
