A car accident lawsuit in Mississippi generally involves several key steps. Here is a step-by-step overview of the process.
Step 1: Report the Accident
Mississippi law requires drivers to report any car accident that results in personal injury, death, or property damage exceeding $500 to the local police, sheriff, or highway patrol as soon as possible.
Step 2: Seek Medical Attention
Even if injuries are not immediately apparent, it’s important to get a medical check-up following an accident. Not only is this important for your health, but it also provides documentation of your injuries, which can be critical if you decide to pursue a lawsuit.
Step 3: Consult with an Attorney
Consulting with an attorney can help you understand your rights and potential legal options. An experienced car accident attorney can help guide you through the complex process of filing a lawsuit.
Step 4: Investigation
Your attorney will likely conduct a thorough investigation of the accident. This can include collecting evidence, interviewing witnesses, reviewing police and medical reports, and possibly hiring experts to reconstruct the accident or testify about your injuries.
Step 5: Filing a Lawsuit
If a settlement cannot be reached, your attorney will file a lawsuit on your behalf. In Mississippi, the statute of limitations for personal injury claims is three years from the date of the accident, under Mississippi Code section 15-1-49.
Step 6: Discovery Process
After a lawsuit is filed, both sides engage in the discovery process, where they exchange information about the case. This can involve written questions (interrogatories), depositions, and requests for documents.
Step 7: Settlement Negotiations
Even after a lawsuit is filed, settlement negotiations can continue. If a fair settlement can be reached, this can avoid the need for a trial.
Step 8: Trial
If a settlement cannot be reached, the case will go to trial. The trial may be before a judge (bench trial) or a jury.
Relevant Mississippi Statutes and Definitions
Mississippi Code § 63-3-401: This law outlines the duty to stop in the event of an accident causing injury or death.
Mississippi Code § 63-3-405: This statute provides the requirement to report accidents.
Mississippi Code § 15-1-49: This is the statute of limitations for personal injury lawsuits in Mississippi, which is generally three years from the date of the injury.
Remember, it’s important to seek local legal counsel to get the most up-to-date and accurate information about the car accident lawsuit process in Mississippi. Also note that the process may vary depending on the specifics of your case.
