Deadlines to File an Injury Lawsuit in Mississippi

Three years. Actions with no other specific limitation period, which includes most negligence personal injury claims, must be filed within three years after the cause of action accrues. For latent injuries or diseases, the time starts when the injury is discovered or reasonably should have been discovered.

Three years under the general limitation period for actions with no other prescribed period.

Two years from the date the act, omission or neglect was discovered or reasonably should have been discovered, and (for claims accruing on or after July 1, 1998) no more than seven years after it occurred. The seven-year limit does not apply to a foreign object left in the body or to fraudulent concealment. Special extensions apply to young children and minors without a parent or guardian. This applies to licensed physicians, dentists, hospitals, nurses, pharmacists and certain other providers, including wrongful death claims arising from their services.

The wrongful death statute does not state its own deadline; the general three-year limitation period for actions with no other prescribed period applies to most wrongful death claims. Wrongful death claims arising from medical services fall under the two-year medical malpractice limit.

Under the Mississippi Tort Claims Act, a written notice of claim must be delivered (in person or by registered or certified mail) at least 90 days before filing suit: to the chancery clerk for a county, the city clerk for a city, or the chief executive officer for a state entity or other political subdivision. The notice must describe the facts, injury, time and place, people involved, amount sought and the claimant's residence. The lawsuit must be filed within one year after the conduct; filing the notice within that year pauses the deadline for 95 days, and after denial or the end of that period the claimant has 90 more days to sue. Liability is capped at $500,000 for all claims from a single occurrence (for acts on or after July 1, 2001), with no punitive damages or pre-judgment interest.