Filing a Mississippi Personal Injury Claim After a Driver Runs a Stop Sign and Hits Your Car
FAQ — clear, step-by-step guidance so you know what to do next.
Short answer
If another driver ran a stop sign and hit you in Mississippi, start by getting medical care, documenting the crash, contacting your insurance company, and preserving evidence. If the other driver or their insurer does not offer a fair settlement, you may file a personal injury claim (demand letter and negotiation) and, if necessary, file a lawsuit in court before Mississippi’s tort filing deadline. Acting quickly and collecting strong evidence improves your chances of a full recovery.
Detailed answer — step-by-step guide
1. Safety and immediate actions
- Get to safety and call 911. Request police and medical help even for injuries that seem minor.
- Follow emergency medical advice. Some injuries show up later; having prompt documentation helps your claim.
2. Create and preserve evidence at the scene
Collect evidence while details are fresh:
- Take clear photos and video of all vehicles, the intersection (including stop signs and road markings), skid marks, damage, visible injuries, traffic signals, and surrounding landmarks.
- Get the other driver’s name, contact details, license plate, and insurance information.
- Get names and contact information for witnesses; ask them for brief statements if they are willing.
- Keep any physical evidence (clothing, damaged items) in as close to the same condition as possible.
3. Obtain the police report
Request a copy of the official crash report made by law enforcement. The police report often records statements, officer observations, citations (for running the stop sign), and diagram of the crash—useful evidence when proving fault.
4. Get medical treatment and preserve medical records
Seek follow-up care and keep all records, bills, prescriptions, and therapy notes. Medical records tie your injuries to the crash and establish economic damages (medical expenses, lost wages) and support claims for pain and suffering.
5. Notify your insurance company
Report the crash to your insurer promptly as required by your policy. Give factual answers; avoid guessing or admitting fault. Keep a record of all communications, including claim numbers and adjuster names.
6. Calculate damages
Common recoverable damages in Mississippi include:
- Economic damages: medical bills, ongoing care, property repairs, replacement vehicle costs, lost income.
- Non-economic damages: pain and suffering, emotional distress, loss of enjoyment of life.
- Potential punitive damages: rare and typically require a showing of willful or wanton misconduct.
7. Negotiate with the at-fault driver’s insurer
Most claims resolve through negotiation. Prepare a demand packet: police report, photos, medical records, repair estimates, wage loss documentation, and a clear demand amount. Expect adjusters to evaluate liability (running the stop sign is strong evidence) and damages.
8. When to file a lawsuit
If insurers won’t pay a fair amount, you can file a civil lawsuit. In Mississippi you must file within the state’s statute of limitations for personal injury claims — generally a limited period (commonly three years for negligence-based personal injury claims). See Mississippi Code for the exact time limit and exceptions: consult the official Mississippi Legislature site for statute text and details: https://www.legislature.ms.gov/.
9. What to expect in litigation
Lawsuits involve pleadings, discovery (exchanging documents, depositions), motions, and possibly a trial. Both sides use evidence (police reports, photos, medical records, expert testimony) to support their version of events. Mississippi law allows the jury or judge to assign fault by percentage, which reduces recovery if you bear some fault.
10. Consider hiring an attorney
A personal injury attorney can evaluate your case, preserve evidence, write demand letters, negotiate with insurers, and file suit when needed. Attorneys typically work on contingency (they get a percentage of the recovery), so discuss fees, expenses, and what they will handle before hiring.
11. Special timelines and steps to protect your claim
- Act promptly to preserve evidence: photos, witness contact info, and vehicle parts.
- Track your medical care closely — gaps in treatment can weaken claims.
- Avoid posting details about the crash or your injuries on social media.
Key Mississippi legal points to be aware of
- Statute of limitations: Mississippi imposes a time limit to file negligence claims in court. You must file within the applicable period or risk losing the right to sue. See the Mississippi Legislature’s website for the relevant statute and exact time periods: https://www.legislature.ms.gov/.
- Comparative fault: Mississippi requires any jury or judge to consider each party’s fault. If you bear some fault, the court will reduce your recoverable damages in proportion to your share of responsibility.
- Traffic violations: running a stop sign can be cited under Mississippi traffic laws and helps establish liability. The officer’s citation and crash report are important evidence.
Important disclaimer: This article provides general information only and is not legal advice. It does not create an attorney–client relationship. For advice about your specific situation, contact a licensed Mississippi attorney.
Helpful Hints — quick checklist to protect your claim
- Do these immediately: call 911, get medical care, take photos, collect witness and insurance info, and ask for a police report number.
- Within 24–72 hours: see your primary doctor if injured, report the claim to your insurer, and collect vehicle repair estimates.
- Keep a folder (paper or digital) with: police report, photos, medical bills/records, repair receipts, pay stubs showing lost wages, and all communications with insurers.
- Avoid quick settlement offers: do not sign releases or accept low first-offers from insurers until you know the full scope of injuries and damages.
- Record expenses and symptoms daily to document pain, limitations, therapy progress, and medication use.
- If you plan to hire counsel, get referrals, read reviews, and ask about contingency fees, out-of-pocket costs, and how they will communicate progress.
- Don’t post photos, details, or comments about the crash or your injuries on social media; insurers and opposing counsel can use those posts against you.