Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
In Mississippi, the time to resolve a personal injury case involving lost wages varies widely. You can often settle a straightforward claim in 6 to 18 months. More complex cases can stretch to 2–3 years, especially if they go to trial.
1. Case Evaluation and Demand Letter
Your attorney starts by gathering medical records, pay stubs, and tax returns to calculate your lost wages. This phase typically takes 1–3 months. Once complete, you send a demand letter to the insurer outlining your damages and a settlement request.
2. Negotiations with the Insurer
The insurer usually responds within 30–60 days. Negotiations can last 2–6 months as both sides exchange settlement offers, adjust wage calculations, and evaluate liability.
3. Filing a Lawsuit and Discovery
If the insurer refuses a fair offer, you file a lawsuit before the three-year deadline under Miss. Code Ann. § 15-1-49 (link). The discovery process—exchanging documents, taking depositions, and answering interrogatories—can add 6–12 months.
4. Mediation, Settlement Conferences, and Trial
Court-ordered mediation or settlement conferences often occur before trial and can add another 3–9 months. If mediation fails, scheduling a trial in Mississippi may delay resolution by 6–18 months due to court calendars.
5. Overall Timeline
• Simple cases settle in about 6–18 months.
• Cases involving disputed liability, serious injuries, or multiple defendants can last 2–3 years or longer.
• Always file suit within three years or risk dismissal under Miss. Code Ann. § 15-1-49.
Helpful Hints
- Keep detailed pay stubs, tax filings, and employer letters to document your lost wages.
- Follow all medical advice to strengthen your claim for ongoing wage loss.
- Respond quickly to your attorney’s and insurer’s requests to avoid unnecessary delays.
- Note the three-year deadline under Miss. Code Ann. § 15-1-49.
- Consider early mediation to shorten your case timeline.