Frequently Asked Questions in Mississippi

Whether you’re dealing with the aftermath of a crash on I-55 or a slip-and-fall in a local store, it’s important to understand your rights as an accident victim in Mississippi. Taking the right steps after an injury can make a big difference in your recovery, both physically and financially. Below are some of the most common questions Mississippi residents have after an accident.

How long do I have to file a personal injury lawsuit in Mississippi?

In Mississippi, the statute of limitations for most personal injury claims is three years from the date of the accident. If the case involves wrongful death, the timeline is also typically three years. Government claims may have shorter notice deadlines. Missing these deadlines can cost you the ability to recover compensation.

What should I do right after an accident?

Check for injuries and call emergency services if needed. Get medical attention, even if your injuries seem minor. Collect the other party’s information, take photos if possible, and report the incident to the police. After that, contact your insurance company and consider reaching out to a personal injury attorney for help.

What is Mississippi’s rule for shared fault?

Mississippi follows a pure comparative negligence system. This means you can still recover damages even if you were partially at fault for the accident. However, your compensation will be reduced by your percentage of fault. For example, if you were 30 percent at fault, your recovery would be reduced by 30 percent.

How do I get a copy of a police report in Mississippi?

You can request a copy of your accident report from the local law enforcement agency that responded or from the Mississippi Department of Public Safety. Visit https://www.dps.ms.gov to learn how to request one online or by mail. Be sure to have the date and location of the accident handy when submitting your request.

Can I sue if I was injured on someone else’s property?

Yes. Property owners in Mississippi are responsible for keeping their premises reasonably safe. If you were injured due to unsafe conditions—like a wet floor or poor lighting—you may have a valid premises liability claim. You must show that the owner knew or should have known about the hazard.

What if the other driver has no insurance?

If the at-fault driver is uninsured, you may be able to use your uninsured motorist (UM) coverage, if you have it. UM coverage is optional in Mississippi but highly recommended. It can help pay for medical bills, lost wages, and other expenses. If you don’t have it, you may need to file a lawsuit against the driver directly, although collecting may be difficult.

What should I do if a family member died in an accident?

If your loved one died because of someone else’s negligence, you may be able to file a wrongful death claim. This can help cover funeral costs, medical bills, and loss of income. In Mississippi, a personal representative of the estate or certain family members can file this claim. You generally have three years from the date of death to take legal action.

Are there any financial support programs available?

Yes. Mississippi residents may qualify for Medicaid, SNAP (food assistance), or Temporary Assistance for Needy Families (TANF) after an accident. If the incident was a result of a violent crime, you may also apply for help through the Mississippi Crime Victims’ Compensation Program. These programs can help while your case is pending or being investigated.

Should I accept the first settlement offer from the insurance company?

Usually not. Insurance companies often offer less than what your claim is truly worth. Once you accept a settlement, you can’t ask for more later—even if your injuries worsen. A personal injury lawyer can evaluate the offer and help negotiate a fairer amount.

What kinds of damages can I claim?

You may be eligible to recover compensation for medical expenses, lost wages, property damage, pain and suffering, and emotional distress. If your injuries are permanent, you could also claim future medical costs and reduced earning capacity. Each case is unique, and the amount depends on the severity of your injuries and available evidence.

Can I file a lawsuit against a city or state agency?

Yes, but there are special rules for filing claims against government entities in Mississippi. You must provide written notice of your claim within one year of the injury. There are also limits on the amount of compensation you can recover. These cases are often more complex and should be handled with legal guidance.

What should I do if my child was injured in an accident?

Parents or legal guardians can file a claim on behalf of a minor child. Compensation can cover medical bills, emotional trauma, and future care needs. Mississippi law may extend the statute of limitations for injuries involving children, but it’s still best to take action quickly. An attorney can help protect your child’s legal interests.

Do I need a personal injury attorney?

While you’re not required to have a lawyer, working with one can improve your chances of getting fair compensation. A lawyer can investigate the accident, gather evidence, and handle communication with insurers. Most personal injury attorneys in Mississippi work on contingency, meaning they only get paid if you win your case.