Taking Legal Action After An Accident
Being involved in an accident in which you suffer painful and debilitating injuries can be a scary and disorienting experience. If you were recently injured in an accident and you believe that another party is at-fault, a personal injury attorney can help you understand and weigh your legal options.
Questions Many People Have About Personal Injury
Q: If I’m injured due to negligence, how long do I have to file a lawsuit?
A: In Mississippi, you have three years from the date of your accident or injury to file a personal injury lawsuit. In very rare circumstances, the three-year threshold may be extended if, for example, you discover years later that you were exposed to a toxic substance or chemical. After an accident, it is always important to consult with a personal injury attorney about your options as soon as possible.
Q: Can I sue if I was partially responsible for causing an accident?
A: Under the comparative negligence rule, you may file a personal injury claim even if you were partially at fault in causing an accident. When comparative negligence is applied, any monetary award will be reduced by the percentage of fault that the court attributes to you.
Q: What types of damages can I receive compensation for?
A: If your personal injury claim is successful, compensatory damages will likely be awarded to account for any financial losses you suffered, including medical bills and lost wages, as a result of your accident and injuries. Additionally, your settlement may also include compensation for pain and suffering, mental anguish, disfigurement and loss of enjoyment of life. The monetary cap on compensatory damages is $1 million. In very rare circumstances, punitive damages may also be awarded if a defendant’s actions were deemed to be particularly egregious.
Q: What if the at-fault driver doesn’t have insurance or adequate insurance?
A: In a traditional personal injury lawsuit, damages are paid by the at-fault party’s insurance company. If an at-fault driver does not have enough or any car insurance, you still may be able to recover compensation under your own insurance policy. Your insurance policy’s UM/UIM coverage can effectively pay for all or a portion of your accident-related expenses.