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Mississippi Statutes of Limitations

Negligence/Personal Injury

Statute of Limitations: 3 years with Discovery Rule

Products Liability

Statute of Limitations: 2 years with Discovery Rule

Wrongful Death

Statute of Limitations: 3 years

Medical Malpractice

Statute of Limitations: 2 years with Discovery Rule, but no more than 7 years after occurrence. 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.

Intentional Torts

Statute of Limitations: 1 year  

  • Discovery Rule
  • SOL runs from date injury is, or should have been discovered. See special rules for medical malpractice.

Disabilities

For infancy (21 st birthday), incompetence, or insanity, SOL runs from removal of disability but toll can never extend more than 21 years. For medical malpractice, disability removed at age 6.

Comparative Negligence

Applies, but plaintiff’s recovery is diminished by percentage of fault.

Charitable Immunity

Abolished.

Sovereign Immunity

Partially waived and limited to $500,000. No punitive damages permitted against municipalities.

Punitive Damages

Plaintiff must present clear and convincing evidence that defendant acted with actual malice, or gross negligence which evidences willful, wanton or reckless disregard for safety of others, or committed actual fraud.

Caps: None

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NOTE: Parker & Waichman, LLP has made every effort to provide accurate, up-to-date information. However, statutes in each jurisdiction may be amended, repealed, modified, or otherwise changed at any time by the legislature of that jurisdiction. In addition, the courts of each state may clarify statutes or declare them unconstitutional. The United States Supreme Court may also declare state statutes unconstitutional under certain circumstances. All of these possibilities, and more, create the potential for any of the information provided herein to change, without notice, at any time. As a result, the information on this website should be used as a general reference and for comparison purposes only and should not take the place of a timely consultation with an attorney. You may also want to consult the local Bar Association in the state or jurisdiction in which you plan to pursue a legal action. For a free and confidential consultation with one of our attorneys, please click here to fill out a short form.

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