The Importance of Timing When Filing a Personal Injury Lawsuit

Published on May 14, 2020 at 3:13 pm in Personal Injury.

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When someone is injured because of another party’s negligence, the victim has the right to file a personal injury lawsuit to seek compensation for their losses. When doing so, the process can take months or even years—depending on the case. Your lawyer will explain the process to you and ensure you have the best chances of receiving full and fair compensation. The sooner you get in touch with a lawyer, the better your chances will be at making a full financial recovery. Let’s take a look at the importance of timing when filing a personal injury lawsuit.

Determining the Right Time to File a Personal Injury Claim

If you’ve been wrongfully injured and are wondering about your legal options, it’s best to get in touch with a lawyer as soon as possible. There are a number of factors that determine the right time to file a personal injury claim, and an experienced legal representative will be able to guide you through the process.

One of the main factors affecting a personal injury timeline has to do with the nature of a case. Some claims, like those for car accidents, have a tendency to take less time than others, like a claim for medical malpractice. This means that a lawyer may need more time to file a strong med mal claim, which means the earlier you get started, the better.

Determining when to file may also be contingent on your injuries. If you sustained serious injuries and are looking at a prolonged recovery, that can extend the time it takes to finalize your claim. This is because your attorney will need information about your maximum medical improvement and what your future medical bills could look like.

Understanding Statues of Limitations

All personal injury lawsuits are subject to a statute of limitations, which sets strict deadlines for filing. Each state has statutes of limitations in place and depending on the type of case, the timeframes can differ drastically.

It’s important to determine the statute of limitations. If you try to file a claim after the deadline has passed, it’s likely your case will be dismissed by the court and you will have rendered yourself ineligible for compensation.

It’s also important to note that most states have a discovery rule exemption in place. This rule extends the filing deadline in situations where the injured victim did not know and have no reasonable basis to know they were injured, or the at-fault party’s actions caused their injury.

To determine how long you have to file a claim, you’ll want to work closely with an attorney. Based on their knowledge of the law, they’ll be able to help you determine just how much time you have, so you don’t jeopardize your chance for compensation.

Statutes of Limitations in Mississippi

As mentioned, all states have their own limitations in place when it comes to timelines for filing personal injury lawsuits. Mississippi is no exception.

In regard to civil statutes of limitations in Mississippi, the following apply:

  • Injury to Person – 3 years
  • Libel/Slander – 1 year
  • Injury to Personal Property – 3 years
  • Product liability – 3 years
  • Professional Malpractice – 2 years from act or discovery
  • Wrongful death – 3 years

As you can see, the majority of personal injury claims are subject to a three-year statute of limitations. So, if you’re in a car accident and plan to take legal action because you believe the driver who caused the accident was distracted, you’ll have three years from the date of the accident to file your claim. If, however, you believe you were injured because of a doctor’s negligence, you’d only have two years from the date of the incident or when you discovered the injury to file.

File Your Claim With Pittman Roberts & Welsh, PLLC

To maximize your chances of receiving just compensation for your accident-related losses, it’s important to work with an experienced lawyer. At Pittman Roberts & Welsh, PLLC, we have extensive experience in various areas of personal injury law, and we’ll be able to determine what the statute of limitations is for your claim, so everything is filed in a timely fashion.

The earlier you contact us after an accident, the better your chances are of receiving the compensation you need to recover. When you reach out to us, we’ll evaluate your situation and determine how best to proceed based on your unique circumstances. To learn about your legal rights and options and to schedule a free case evaluation, contact our firm today.

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