Disclaimer: This information is for general informational purposes only and does not constitute legal advice. Consult an attorney for advice specific to your situation.
Detailed Answer
Impact on Duty to Mitigate Damages
Under Mississippi law, injured parties must take reasonable steps to reduce their losses by seeking prompt medical care. A significant delay can give the defense grounds to argue that you failed to mitigate your damages. If a court finds you did not act reasonably after your injury, it may lower your compensation. This principle arises from common-law duties and courts often reference case precedent rather than a specific statute.
Effect on Evidence and Medical Causation
Delaying treatment weakens the link between the accident and your injuries. Without early medical records, doctors may have difficulty proving your condition was caused by the incident. This can reduce the credibility of your claim and the amount awarded for medical expenses, pain and suffering, and future care.
Comparative Negligence Considerations
Mississippi follows a pure comparative negligence system under Miss. Code Ann. § 11-7-15. In some cases, a jury may allocate a percentage of fault to you for not seeking timely treatment. Even a small percentage can reduce your recovery by that share of fault.
Statute of Limitations
Mississippi generally requires personal injury lawsuits to be filed within three years of the injury under Miss. Code Ann. § 11-1-60. Although seeking treatment does not toll the statute, early medical records help establish the injury date and support timely filing. Missing the deadline can bar your claim entirely.
Helpful Hints
- Seek medical attention as soon as possible, even for minor symptoms.
- Keep detailed records of all treatments, diagnoses, and expenses.
- Notify your insurance company and any employers promptly.
- Preserve evidence such as photos of injuries and accident scene.
- Consult a personal injury attorney early to protect your rights.