Every state has strict deadlines for filing personal injury and wrongful death lawsuits. These deadlines are called “statutes of limitations” and typically range from one to four years. In the state of Mississippi, most personal injury lawsuits must be filed within three years, but most lawsuits arising from medical malpractice must be filed within two years. As we’ll explain in this blog, however, there are several exceptions to these deadlines.
Although a few years may seem like a long time, it can take months to investigate and prepare a claim related to a hernia mesh infection. Your attorney may need to consult medical experts, file subpoenas for evidence, and complete other time-consuming tasks to give your case the best possible chance of success.
The bottom line: It’s important that you initiate the claims process as soon as possible.
If you or a member of your family suffered complications following a hernia surgery, you may have grounds for a personal injury claim. Even if you think the statute of limitations has passed, there may be an exception that applies to your case.
A Jackson hernia mesh attorney from Coxwell & Associates can assess your case for free, answer your questions, and help you determine the most strategic way to proceed with your claim. Call (601) 265-7766 to schedule a consultation.
Deadlines for Filing Personal Injury Lawsuits in Mississippi
In the state of Mississippi, there are a few different deadlines that could apply to a case involving hernia mesh complications. As previously mentioned, the deadline for most personal injury lawsuits—including product liability lawsuits—is three years. That means if the proximate cause of your injury was a defect in the hernia mesh, you would most likely have three years from the date the injury occurred to file your lawsuit; however, if the surgical team is liable for your injuries, you have just two years to file suit.
One exception to the two-year statute of limitations for medical malpractice lawsuits is if the injured person is younger than 6, in which case the suit must be filed within two years of his or her sixth birthday.
If you intend to sue a government entity, such as a county clinic or state hospital, you have just one year to file. Also, you must submit a notice of claim at least 90 days before commencing the suit.
What Is the Discovery Rule?
The “discovery rule” is an exception to the usual statute of limitations. Under this rule, the clock does not start until the cause of action is discovered or should have been discovered through reasonable diligence. That means if you could not have reasonably discovered your injury or linked it to medical malpractice before the two-year deadline had passed, you may still be able to bring your case to court.
There is, however, a statute of repose that applies to medical malpractice cases. In the state of Mississippi, patients have seven years total to file medical malpractice lawsuits, regardless of when the cause of action was discovered.
Call (601) 265-7766 to Speak with a Hernia Mesh Lawyer in Jackson
If you want to sue a healthcare provider, hospital facility, or medical device manufacturer following hernia mesh complications, turn to Coxwell & Associates. We have the experience and resources to go up against even the largest insurance companies and corporations. Call (601) 265-7766 or fill out our Contact Form to schedule a free consultation with a personal injury attorney in Jackson.
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Disclaimer: This blog is intended as general information purposes only, and is not a substitute for legal advice. Anyone with a legal problem should consult a lawyer immediately.