When you’ve been injured in an accident, the last thing on your mind might be the legal details of how to file a personal injury claim. You may have injuries that require ongoing medical care, and the stress of dealing with your recovery may make the legal aspects seem secondary. However, it’s crucial to understand that time plays a key role in your ability to file a claim. Many people are unaware that they still have the right to file a personal injury claim even if several months have passed since the accident. However, this right is subject to certain conditions and legal deadlines.
In this page, we’ll explore the factors that determine whether you are still eligible to file a personal injury claim months after the accident. We will also take a closer look at the statute of limitations and how other factors can extend or limit your time to take legal action.
Brad Morris
Attorney
The Statute of Limitations for Personal Injury Claims 
In personal injury law, the statute of limitations is one of the most important factors when it comes to filing a claim. The statute of limitations refers to the legal deadline by which you must file a lawsuit after an injury. The time frame varies depending on the state in which the injury occurred and the type of case.
In Mississippi, the statute of limitations for most personal injury claims is three years from the date of the accident. This means that, in most cases, you must file your personal injury lawsuit within three years from the date you were injured in the accident. After this period expires, you will generally lose the right to seek compensation through the courts.
However, the statute of limitations is not a one-size-fits-all rule. There are exceptions to this general rule, which can extend or shorten the time you have to file your claim. Understanding these exceptions is critical to ensuring that you do not miss your opportunity to seek compensation.
What Factors Can Impact Your Eligibility to File After Months Have Passed?
Even though the statute of limitations provides a general guideline, several other factors can influence your eligibility to file a personal injury claim months after the accident. Let’s take a closer look at some of the key factors that may affect your timeline.
Discovery Rule and Delayed Symptoms
Sometimes, injuries caused by an accident are not immediately obvious. For instance, injuries such as soft tissue damage, whiplash, or internal injuries might not show symptoms until days, weeks, or even months after the accident. In these cases, the statute of limitations may not begin until the injury is discovered or should have been discovered through reasonable diligence. This rule is known as the “discovery rule.”
For example, if you were involved in a car accident and initially felt fine, but later began experiencing pain or discomfort in your neck or back, the statute of limitations would begin when you first experienced symptoms or were diagnosed with an injury that could be linked to the accident.
The discovery rule is particularly important in cases involving conditions like traumatic brain injuries or psychological trauma, where the full extent of the injury may not be immediately apparent.
Special Circumstances for Minors or Incapacitated Individuals
If the person injured in the accident is a minor (under 18 years old) or is incapacitated (unable to make legal decisions due to a disability or medical condition), the statute of limitations may be extended. In these situations, the clock on the statute of limitations may not start until the injured person reaches adulthood or regains their ability to handle legal matters.
For example, if a child is injured in an accident, the three-year statute of limitations may not apply until the child turns 18. In this case, the injured party would have until their 21st birthday to file a personal injury claim. Similarly, if the injured party is incapacitated, the statute of limitations may be paused until they regain their ability to manage their affairs.
Ongoing Medical Treatment and Complicated Cases
In some cases, your medical treatment may be ongoing or the full extent of your injuries may not be determined until months after the accident. In these instances, the statute of limitations may not begin until your treatment is complete or the full scope of your injury is known. This can apply in cases of complex injuries like severe back injuries, brain injuries, or those requiring long-term rehabilitation.
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For example, if you are involved in an accident and initially have surgery, followed by a lengthy period of rehabilitation, your statute of limitations could be extended until you reach a point where you fully understand the impact of the injury on your long-term health.
Tolling the Statute of Limitations
There are certain situations where the statute of limitations may be “tolled” or paused. One common example is when the defendant (the person or entity responsible for your injury) is absent from the state or unreachable. If the responsible party is out of the state or hiding from legal action, the statute of limitations may be suspended until they return or are located.
Tolling also applies in cases involving fraud, where one party may have hidden the truth about the accident or their involvement. In such cases, the clock for the statute of limitations may not start until the fraud is discovered.
What Happens if You Miss the Filing Deadline?
If you miss the deadline for filing your personal injury claim, it’s likely that the court will dismiss your case. In many situations, the defendant will file a motion to dismiss, arguing that the statute of limitations has expired. If the court agrees, your case will be dismissed, and you will lose your chance to pursue compensation through the legal system.
It’s important to note that while the statute of limitations generally applies, there are rare instances where a court may allow exceptions. However, these exceptions are few and far between. To avoid the risk of your case being dismissed, it is crucial to file your claim as soon as possible.
Seeking Legal Help Even After Several Months Have Passed
Even if several months have passed since the accident, it’s still worth consulting with a personal injury attorney. In many cases, there may still be options available for filing your claim. An experienced attorney can evaluate your case, assess the impact of any applicable exceptions, and determine whether you are still eligible to seek compensation.
The sooner you seek legal advice, the better your chances of understanding your rights and making informed decisions about the next steps in your case. A lawyer can help you gather evidence, communicate with insurance companies, and navigate the legal process.
Why You Should Act Quickly and Not Wait Until the Last Minute
Although the statute of limitations may give you some time to file a personal injury claim, it’s always best to act quickly. Delaying your claim for too long can result in various challenges, including fading evidence, blurred witness memories, and a more complicated legal process.
Furthermore, many insurance companies are motivated to close cases quickly and may offer you a settlement that is lower than what you deserve. If you wait too long to file your claim, the insurer may use your delay as leverage to offer even less in a settlement.
By working with a lawyer early on, you can avoid these pitfalls and ensure that your case is handled in a timely manner, with the best chance of achieving a fair and just result.
Conclusion
Filing a personal injury claim months after an accident is possible, but it requires understanding the statute of limitations, as well as other special rules and exceptions that may apply to your case. In Mississippi, the general rule is that you have three years to file your claim, but factors like the discovery rule, the injury of minors, ongoing medical treatment, and tolling may extend this period.
Even if several months have passed since the accident, it’s important to seek legal advice as soon as possible. Consulting with an experienced attorney can help you understand your options and protect your rights. Brad Morris Law Firm, PLLC offers free consultations to help you navigate your personal injury claim.
This article is for informational purposes only and is not legal advice. Consult an attorney about your specific situation.