Miss a filing deadline and even the strongest case can be dismissed permanently. Mississippi's statute of limitations sets a hard clock on your right to sue, with important exceptions.
The General Three-Year Rule
Most Mississippi personal injury lawsuits must be filed within three years from the date of the injury under Mississippi Code § 15-1-49. The clock usually starts on the date of the injury, though in some cases it begins when the injury is discovered.
This applies to car crashes, slip-and-falls, dog bites, and most negligence claims. File after the deadline and the court will almost certainly dismiss the case.
Shorter Deadlines for Government Claims
If a city, county, the state, or a public hospital may be responsible, the Mississippi Tort Claims Act, which requires written notice within ninety days, a one-year deadline, and caps damages at $500,000 against government entities controls. That means written notice within ninety days and a one-year deadline — dramatically shorter than three years.
These claims also carry a $500,000 damages cap. Because public entities are involved in many road and premises cases, identifying them early is essential.
Medical Malpractice and Other Exceptions
Medical malpractice claims generally fall under two years under Miss. Code § 15-1-36, with a pre-suit notice requirement and a certificate of expert consultation. There is also a statute of repose that can bar claims after a fixed period regardless of discovery.
Claims involving minors are tolled until the child turns 21 under Miss. Code § 15-1-59, and wrongful death follows Mississippi's wrongful death statute, Miss. Code § 11-7-13 with its own timing rules.
Why You Should Not Wait
Even with three years on paper, waiting destroys evidence. Witnesses move, video is overwritten, and memories fade. Acting early preserves both your deadline and the proof your case needs.
Frequently Asked Questions
Generally three years from the date of the injury under Mississippi Code § 15-1-49. Some claims, especially against government entities and in medical malpractice, have shorter or different deadlines, so confirm which applies to you.
Courts will almost always dismiss a lawsuit filed after the statute of limitations expires, regardless of how strong it is. The short government notice deadlines are equally unforgiving.
Yes. For minors, the statute of limitations is generally tolled until the child turns 21 under Miss. Code § 15-1-59, though shorter government deadlines can still apply.