For everyone’s safety, car laws are controlled by two entities- federal and state. While federal laws are commonly applicable, state laws may vary. For example, having a license to be able to drive a car is mandatory nationally. Whereas, the age for holding a license may vary from state to state.
Likewise, when it comes to road accidents, different states have different laws.
In this article, we will be discussing how the Mississippi laws decide fault and further process personal injury claims.
Identifying Negligence/Fault
In the usual sense, negligence is defined as involuntary or voluntary decisions that may harm someone else.
However, the Mississippi state uses a pure comparative negligence doctrine to decide the fault. It means the laws assess the extent of fault for both the parties, but the plaintiff will be compensated even if the defendant is minimally at fault.
For example, if the defendant is to be blamed for 25% of the fault, the plaintiff may still receive compensation for their losses and suffering.
Car Accident Compensation Laws
As with any other state, Mississippi car accident laws also put in place statutes of limitations to protect the defendants. An expert car accident attorney from Jackson Mississippi, explains that the statute of limitations in the state can be as many as 3 years. However, if there are other limits applicable too, the statute of limitations may be reduced to 2 years.
Besides, Mississippi is also a ‘faults’ state, which means to receive a personal injury claim, the defendant must be at fault. And since the state laws also use comparative negligence doctrine, it also limits non-economic damages.
In Mississippi, there is no cap on the compensation that can be received for economic damages. It includes car repair costs, medical bills, personal property damages, and any other out of the pocket expenses. However, for emotional damages such as the loss of a loved one, the state has limited compensation value to $1,000,000, irrespective of the court settlement.
Settlement Process
When settling a car accident claim, there are certain limitations imposed by the Mississippi laws. For example, if someone was injured, wrongfully killed, or the total damages exceed $500 value, you may need to report the case to the nearest police station as soon as possible.
Likewise, the Mississippi state laws also require every car owner to buy minimum coverage insurance. For example, $25,000 and $50,000 are minimum coverage liabilities per person and per accident for personal injuries, respectively.
Besides, as already mentioned, the Mississippi state is an ‘at-fault’ state, it requires the plaintiff to prove fault. It is only if the defendant is found to be at-fault that they will be liable to pay compensation.
Car accident laws vary largely from state to state. Though some aspects of the claim settlement are federally regulated, a majority of them rests with the state authorities. Whether living in Mississippi or traveling to the state, it is surely in your benefit to familiarize yourself with the state laws. It would not only ensure your and others’ safety on the road but also help you receive justice when met with unfortunate situations.
