Mississippi's Statute of Limitations

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Mississippi's Statute of Limitations


Wrongful Death
A wrongful death action based on a negligence must be filed within three years of the date of death. In cases where the claim arose from an intentional tort, such as assault and battery, suit must be filed within one year of the date of death.

Personal Injury Actions
Personal Injury Actions must be brought within three years of the date when the injury occurred.

Medical Malpractice Actions
Actions against health-care providers must be filed within two years of the date that the act giving rise to the injury occurred, or within two years of the date when the injury was, or should have been, discovered. In no event can a person file a medical malpractice action more than seven years from the date that the negligent act or omission occurred. These time limits apply to minors six and older. In the case of minors under six years of age, medical malpractice actions must be filed within two years of the date of the child's sixth birthday. Mississippi also requires all persons who intend to file a medical malpractice action to give a 60-day written notice of action to the defendant.

Products Liability Actions
Products liability actions must be brought within three years after the plaintiff suffers the injury.

Special Rules for Minors
Except in cases of medical malpractice or wrongful death, the statute of limitations begins to run on the minor's 21st birthday.