What Not to Say to a Personal Injury Lawyer in Mississippi (and What to Say Instead)
Find A Lawyer
After a serious accident in Mississippi, understanding your rights is the first step toward protecting your claim. Key state laws, like the pure comparative fault rule and the three-year deadline to file a lawsuit, mean that your words and actions have significant consequences. This guide focuses on the Mississippi-specific issues you need to be aware of.
Table of Contents
How Mississippi Law Affects Your Personal Injury Claim
While our main article covers what not to say in general, three specific Mississippi laws dramatically influence how you should approach your case. Saying the wrong thing can put you on the wrong side of these rules, potentially costing you your entire claim.
1. Mississippi’s Pure Comparative Fault Rule
Mississippi follows a pure comparative fault rule, which is one of the most favorable systems for injured victims in the country. Under this rule, you can recover damages even if you are found to be 99% at fault for the accident. Your recovery is simply reduced by your percentage of fault. 1
- Local Example: If you are found to be 60% at fault for a crash on I-55 in the Jackson area and your total damages are $100,000, you could still recover $40,000. While this is a significant advantage, insurance companies will still fight to assign as much fault to you as possible to minimize their payout. Every statement you make can be used to shift blame.
2. The Three-Year Statute of Limitations
In Mississippi, you have three years from the date of the accident to file a personal injury lawsuit. 2 While this provides a reasonable amount of time, it is a firm deadline. Evidence can disappear, and memories can fade. It is crucial to contact a Mississippi injury lawyer to begin building your case long before this deadline approaches.
3. No Caps on Damages in Most Cases
Mississippi does not place caps on damages in most personal injury cases, including those arising from car accidents, truck accidents, and slip and falls. 3 This means there is no artificial limit on the amount of compensation you can receive for pain, suffering, and other non-economic losses. Downplaying your injuries is a mistake anywhere, but in Mississippi, it could mean leaving a significant amount of money on the table.
Top Questions for a Mississippi Car Accident Lawyer
Is it worth getting a lawyer for a car accident in Jackson, MS?
Yes. Even though Mississippi’s pure comparative fault rule is favorable, an experienced Jackson car accident lawyer can help minimize the percentage of fault assigned to you and maximize your compensation. An attorney handles the insurance adjuster, ensures you meet the three-year statute of limitations, and fights for your rights.
What if I was partially at fault for my accident in Mississippi?
Under Mississippi’s pure comparative fault rule, you can still recover damages even if you were mostly at fault. For example, if you were found 70% at fault for a crash on the Gulf Coast, you could still recover 30% of your total damages. A skilled Mississippi personal injury lawyer can help reduce the fault assigned to you.
How do I get a police report after a crash in Southaven or Tupelo?
Obtaining the official crash report is a critical early step. You can typically request the report from the police department that investigated the accident, whether it was the Southaven Police Department, Tupelo Police Department, or the Mississippi Highway Patrol. An attorney can manage this process for you and use the report to build your case.
Why Injured People in Mississippi Choose Southern Injury Attorneys
- We Know Mississippi Law: Our attorneys, including Ethan D. Sandifer, are licensed in Mississippi and are deeply familiar with its pure comparative fault rule, the three-year statute of limitations, and the fact that there are no damage caps in most cases. We handle cases in local courts like the Hinds County Circuit Court and the DeSoto County Circuit Court.
- We Understand Local Roads: We have experience with accidents on major Mississippi highways, including I-55, I-20, I-22, and US-49, as they pass through metropolitan and rural areas alike.
- We Are Part of the Community: Our firm is dedicated to helping our neighbors across Mississippi get the justice and compensation they deserve.
