Mississippi Statutes of Limitations
Statute of Limitations: 3 years with Discovery Rule
Statute of Limitations: 2 years with Discovery Rule
Statute of Limitations: 3 years
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.
Statute of Limitations: 1 year
- Discovery Rule
- SOL runs from date injury is, or should have been discovered. See special rules for medical malpractice.
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.
Applies, but plaintiff’s recovery is diminished by percentage of fault.
Partially waived and limited to $500,000. No punitive damages permitted against municipalities.
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.