Think You Have the Same Rights in Louisiana and Mississippi when it Comes to Filing Your Car Accident Personal Injury Claim? Think Again
Mississippi and Louisiana are indeed close neighbors. Sharing a border, many Mississippians travel across Mississippi state lines to visit the Pelican State and, likewise, Louisianans hop across the border for what the Magnolia State has to offer. Indeed, there is much crossover between Louisiana and Mississippi, but what many residents of both states may not know is that the laws between the two states can differ drastically. One of the areas of law where Mississippi and Louisiana laws differ is personal injury law, under which Mississippi and Louisiana residents bring tort claims, such as car accident claims. One such major difference between Louisiana and Mississippi when it comes to car accident personal injury claims is the time limits for filing a claim under state laws. But just exactly how does the statute of limitations for car accident personal injury claims differ between the two states? Here’s what you need to know.
The Statute of Limitations in Louisiana and Mississippi Car Accident Personal Injury Claims: How Long Do You Have to File?
Residents of both Louisiana and Mississippi may be surprised to learn that the time limits for filing a car accident personal injury claim, also called the “statute of limitations”, are not the same in both states. Indeed, under Mississippi Code §15-1-49, a car accident victim has three (3) years to file a personal injury claim for compensation in Mississippi court. However, under Louisiana law, the statute of limitations is, surprisingly, much shorter. Under Louisiana Civil Code Article 3492, “Delictual actions are subject to a liberative prescription of one year. This prescription commences to run from the day injury or damage is sustained.” Furthermore, the Louisiana one-year statute of limitations law regarding personal injury claims “…does not run against minors or interdicts in actions involving permanent disability and brought pursuant to the Louisiana Products Liability Act or state law governing product liability actions in effect at the time of the injury or damage.” In short, in Mississippi, car accident victims typically have three years to file a personal injury claim, however in Louisiana, the statute of limitations applicable to car accident claims is typically only one year. Importantly, a car accident personal injury claim must be filed within the applicable statute of limitations under the law of the state of jurisdiction, or else it may be forever time-barred.
Help for Car Accident Victims in Mississippi and Louisiana
As demonstrated even just by the varying statutes of limitation in Louisiana and Mississippi, car accident personal injury laws are complex and it is best to speak with an experienced Mississippi and Louisiana personal injury lawyer about your specific claim.
The experienced Louisiana and Mississippi personal injury lawyers at Lunsford Baskin & Priebe offer a free and confidential consultation to learn about your unique case and to see if they can help fight for you. Contact Lunsford Baskin & Priebe today and speak with an experienced Mississippi and Louisiana personal injury lawyer for free.