Jackson Car Accident Attorney
Serving Clients in Jackson, Atlanta, & Surrounding Areas
A Solutions-Driven Advocate Fighting Aggressively for Your Right to Compensation
Car accidents are one of the most common motor vehicle accident cases. At Hawkins Law, P.C., we are dedicated to advocating for injured victims and will do our best to provide the best solutions to your legal dilemma. We will assert your right to damages for your injuries and medical treatment, and we know how to build a strong case that will meet your goals and needs. You can trust us to put up an aggressive fight for you in court and protect you against insurance companies that are trying to low-ball you. Whatever your legal concerns in the aftermath of a car accident, Hawkins Law, P.C. is here to help you through it all.
Contact Hawkins Law, P.C. for a free consultation to discuss your car accident case in more detail. Let’s get you the damages you need to fully recover. At Hawkins Law, P.C. we also handle truck accident cases in Mississippi and in Georgia.
What Is Mississippi Pure Comparative Negligence?
Pure Comparative Negligence in Car Accident Cases
Mississippi follows a “pure comparative negligence” rule, which means an injured victim can recover damages in a car accident based on their share of negligence that caused the accident. In other words, if the court finds that the injured plaintiff is partly to blame for the accident, the damages they are eligible to receive will be the total damage award reduced by their percentage of the fault (e.g., 20%).
Comparative negligence plays a significant role in car accident lawsuits, but it is also applicable in car insurance claims. Insurance claims adjusters will likely evaluate the injured plaintiff’s share of the blame when deciding on a damage award. Naturally, an insurance company will attempt to find significant fault on the part of the injured plaintiff so they can pay out a lesser amount, so it is advisable to have an experienced attorney who can better negotiate a fair damage award and assert your rights.
What Is the Statute of Limitations for Filing a Car Accident Claim in Mississippi?
When to File a Car Accident Lawsuit
There is a statute of limitations during which a car accident case must be filed in order to be heard by the court. For most car accidents in Mississippi, a lawsuit must be filed within 3 years of the accident. If the accident involves a claim against a driver working for the the state, county or municipality, then the statute of limitations is one year. Statutes of limitations apply in all cases, after which you will not be able to proceed with your claim in court. You should contact the lawyers at Hawkins Law to evaluate your case, including the statute of limitations. A lawsuit can be filed by anyone who has experienced any kind of injury in the accident, including the driver, passenger, or pedestrian.
In cases where a person has died from the injuries caused by a car accident, their loved ones may file a wrongful death claim within 3 years of the date of the death against private citizens or private businesses (rather than the date of the accident). Again, the statute of limitations is one year in Mississippi for claims against a public entity – that is, for cases against the state, a county or a city.
It is important to note the statute of limitations for car accident lawsuits, as the court will be unlikely to hear a case if the 3 years since the accident have already elapsed (or one year if the case is against the state, a county or the city). So, it is best to get started on an accident claim as soon as possible in order to be able to recover damages.
Keep in mind that the statute of limitations applies to car accident lawsuits, and truck accident lawsuits and could also impact insurance claims. Technically, injured individuals are required to notify a car insurance company promptly or “within a reasonable amount of time” following the accident. It is best to take action notifying your insurance company and let your lawyer at Hawkins Law contact the insurance company on the other side sooner than later.
Let Hawkins Law, P.C. Help You Recover Damages
Hawkins Law, P.C. can help you take all the necessary steps to recover damages for your car accident injuries, including monetary and non-monetary damages like:
- medical bills;
- medical treatment;
- lost wages;
- property repair costs;
- pain and suffering;
- loss of enjoyment of activities in life
- loss of love and affection in wrongful death cases;
- loss of consortium in cases where your spouse is significantly injured
We have significant experience handling a range of personal injury cases, especially car accident lawsuits. We also know how to negotiate with difficult insurance companies and will make sure you are not being taken advantage of.
Let Hawkins Law, P.C. help you navigate the legal aftermath of a car accident while you focus on your physical and mental recovery. We also handle truck accident cases in Mississippi and in Georgia.