Are you suffering from injuries due to a car accident that wasn’t your fault? If you suspect that any amount of someone else’s negligence contributed to your injuries, it’s imperative that you understand your legal rights and how you are entitled to compensation. But understanding your case and working towards your ideal outcomes starts with understanding:
- Your statute of limitations.
- When the clock starts ticking on your claim.
- Your timeline
- Your solutions
Understanding Your Statute of Limitations
If someone else’s negligence caused you injury in Jackson, MS, you’re protected by a statute of limitations. U.S. Legal defines a statute of limitations as a law which sets the maximum period which you can wait before filing a lawsuit. The time period depends on the type of case or claim, and varies by state. What’s essential to know is that if a lawsuit or claim is not filed before the statutory deadline, the right to sue or make a claim is lost forever.
Understanding When the Clock Starts Ticking on Your Claim
In most situations, the clock starts on your “date of harm,” according to Nolo. However, there is a significant exception to this rule. This exception exists to protect accident victims in situations
where they may not be aware that they were injured until months or even years after the “date of harm.” For example, many spinal injuries or traumatic brain injuries take some time to develop obvious symptoms. In situations like this, the statute of limitations may not start the clock ticking until the “date of discovery.” FindLaw defines the date of discovery as the moment when the plaintiff (the person filing suit) knew or should reasonably have known that they had suffered harm, and understood the nature of that harm.
Understanding Your Timeline
Due to the delayed discovery of some injuries as discussed above, the statute of limitations clock can start ticking at three different times:
- The date of harm.
- The date on which the plaintiff reasonably should have discovered the harm.
- The date on which the plaintiff actually discovered the harm.
Because of the unique situation and complexity of every case, it’s difficult to accurately define the timeline for your particular statute of limitations without help from an experienced personal injury lawyer. It’s highly advisable that you consult a personal injury lawyer to define exactly how long you have to pursue a lawsuit, and what kind of lawsuit(s) you can pursue, and what kind of compensation you can expect.
Understanding Your Solutions
If you are the victim of a personal injury accident in Jackson, MS, or you know someone who is, you need to act fast in order to maximize your legal rights and claim the compensation you need and deserve. No matter how complicated your case is, The Heilman Law Group will work tirelessly to protect your rights and achieve your best possible result. Don’t let the clock run out on your case! Get justice before it’s too late! Call us at 601-914-1025 or send us a message online.
Heilman Nisbett Polk, P.A
Jackson Office
4266 I-55 North, Suite 106
Jackson, Mississippi 39211
Phone: 601-914-1025
Fax: 601-960-4200
By John Nisbett | Published May 28, 2020 | Posted in Uncategorized