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Mississippi Statutes of Limitation

Deadlines that apply to injury and other legal claims in Mississippi

A statute of limitations sets the deadline for filing a lawsuit. If you do not file within the applicable period, you may lose the right to pursue your claim. The following are general limitation periods under Mississippi law.

Negligence and personal injury claims

For most negligence claims, the statute of limitations is three (3) years from the date of injury.

Intentional acts, defamation, and contract

  • Intentional acts — for most injuries caused by intentional acts, the limitation period is one (1) year from the date of injury.
  • Libel, slander, or defamation — usually one (1) year from the publication.
  • Breach of contract — typically within three (3) years.

Wrongful death

The limitation period is three (3) years for negligent wrongful death, but only two (2) years when the death results from medical malpractice by a private doctor or medical provider.

Medical malpractice

Claims against private doctors and providers must be filed within two (2) years after the negligence occurs. The time is different for minors under the age of six. If the defendant is a county or state hospital, or a government employee, the lawsuit must typically be filed within one (1) year.

Defective products

Pursuant to section 11-1-60 of the Mississippi Code, you usually must file a product liability lawsuit within two (2) years of the date of injury.

The discovery rule

Pursuant to section 15-1-67, if someone fraudulently conceals material information from you, the limitations period may not begin to run until the fraud is discovered or, with reasonable diligence, should have been discovered.

Time limits for criminal charges

There are various time limits depending on the alleged crime. For some crimes there is a two-year time limit, while other crimes have more extended periods. The passage of time never bars a prosecution for murder, manslaughter, aggravated assault, kidnapping, arson, burglary, forgery, counterfeiting, robbery, larceny, rape, embezzlement, or obtaining money or property under false pretenses or by fraud, or felonious abuse or battery of a child.

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