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MISSISSIPPI

Negligence / Personal Injury

3 Years 3 years from occurrence with Discovery Rule

Products Liability

2 Years 2 years with Discovery Rule

Wrongful Death

3 Years 3 years – however, 1 year when caused by intentional tort

Medical Malpractice

2 Years 2 years with Discovery Rule (including wrongful death), 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

1 Year 1 year

Discovery Rule

SOL runs from date injury is, or should have been discovered. See special rules for medical malpractice (3 years).

Disabilities

For infancy (21st 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.