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What is a “statute of limitation”?

A law passed by the Mississippi legislature, or Congress, that controls the time you have to file suit. If this time passes, you usually lose the right to file a lawsuit.

When does the time start?

The time to file a civil case normally begins to run at the time the injury.

Can the time to file be changed by a contract?

No.  Pursuant to section 15-1-5 of the Mississippi Code, the time to file may not normally be shortened by contract.

Negligence and personal injury claims?

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

Intentional act claims?

For most injuries caused by intentional acts, the limitations period is one (1) year from the date of injury.

Libel, slander or defamation?

The limitations period for filing a libel/slander/defamation is normally one (1) year from the publication.

Wrongful death?

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

Medical malpractice claims?

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 normally be filed within one (1) year.

Defective products?

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

Breach of contract?

In Mississippi you must normally file a claim for a breach of contract within three (3) years.

What is the discovery Rule?

Pursuant to section 15-1-67 of the Mississippi Code, If someone fraudulently conceals material information from you, the limitations period may not begin to run until the fraud is actually 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. Other crimes have longer periods. However, the passage of time never bars a prosecution for murder, manslaughter, aggravated assault, kidnapping, arson, burglary, forgery, counterfeiting, robbery, larceny, rape, embezzlement, obtaining money of property under false pretenses or by fraud, felonious abuse or battery of a child.