MISSISSIPPI

Negligence / Personal Injury
3 Years (1) All actions for which no other period of limitation is prescribed shall be commenced within three (3) years next after the cause of such action accrued, and not after.
(2) In actions for which no other period of limitation is prescribed and which involve latent injury or disease, the cause of action does not accrue until the plaintiff has discovered, or by reasonable diligence should have discovered, the injury. Miss. Code. Ann. § 15-1-49
Fraud
3 Years (1) All actions for which no other period of limitation is prescribed shall be commenced within three (3) years next after the cause of such action accrued, and not after.
(2) In actions for which no other period of limitation is prescribed and which involve latent injury or disease, the cause of action does not accrue until the plaintiff has discovered, or by reasonable diligence should have discovered, the injury. Miss. Code. Ann. § 15-1-49

The Mississippi Code Annotated § 15-1-49 (Rev.2003) imposes a three year statute of limitations on claims for fraud. “A fraud claim accrues upon the completion of the sale induced by false representation or upon the consummation of the fraud.” Dunn v. Dent, 169 Miss. 574, 153 So. 798 (Miss.1934) . Therefore, the statute of limitations begins to run when a person, with reasonable diligence, first knew or should have known of the fraud. Miss.Code Ann. § 15-1-67 (Rev.2003).
Parker v. Horace Mann Life Ins. Co., 949 So. 2d 57, 59 (Miss. Ct. App. 2006)
However, fraudulent concealment tolls the statute of limitations for a cause of action. Robinson v. Cobb, 763 So.2d 883, 887 (¶ 18) (Miss.2000).
Parker v. Horace Mann Life Ins. Co., 949 So. 2d 57, 59 (Miss. Ct. App. 2006)
Toxic Tort
3 Years (1) All actions for which no other period of limitation is prescribed shall be commenced within three (3) years next after the cause of such action accrued, and not after.
(2) In actions for which no other period of limitation is prescribed and which involve latent injury or disease, the cause of action does not accrue until the plaintiff has discovered, or by reasonable diligence should have discovered, the injury. Miss. Code. Ann. § 15-1-49

Owner of property near wood-treatment facility brought action against various companies alleging she was injured by exposure to harmful levels of toxic chemicals released from railroad tank cars and trucks and from the wood-treatment facility. Owner's cause of action accrued upon discovery of her injury, not discovery of the cause of her injury.
Section 15–1–49 provides, in relevant part, that:
(1) All actions for which no other period of limitation is prescribed shall be commenced within three (3) years next after the cause of action accrued, and not after.
(2) In actions for which no other period of limitation is prescribed and which involve latent injury or disease, the cause of action does not accrue until the plaintiff has discovered, or by reasonable diligence should have discovered, the injury. Angle v. Koppers, Inc., 42 So. 3d 1, 5 (Miss. 2010)
Wrongful Death
3 Years

(1) All actions for which no other period of limitation is prescribed shall be commenced within three (3) years next after the cause of such action accrued, and not after.
(2) In actions for which no other period of limitation is prescribed and which involve latent injury or disease, the cause of action does not accrue until the plaintiff has discovered, or by reasonable diligence should have discovered, the injury. Miss. Code. Ann. § 15-1-49

Medical Malpractice
2 Years (1) For any claim accruing on or before June 30, 1998, and except as otherwise provided in this section, no claim in tort may be brought against a licensed physician, osteopath, dentist, hospital, institution for the aged or infirm, nurse, pharmacist, podiatrist, optometrist or chiropractor for injuries or wrongful death arising out of the course of medical, surgical or other professional services unless it is filed within two (2) years from the date the alleged act, omission or neglect shall or with reasonable diligence might have been first known or discovered.

(2) For any claim accruing on or after July 1, 1998, and except as otherwise provided in this section, no claim in tort may be brought against a licensed physician, osteopath, dentist, hospital, institution for the aged or infirm, nurse, pharmacist, podiatrist, optometrist or chiropractor for injuries or wrongful death arising out of the course of medical, surgical or other professional services unless it is filed within two (2) years from the date the alleged act, omission or neglect shall or with reasonable diligence might have been first known or discovered, and, except as described in paragraphs (a) and (b) of this subsection, in no event more than seven (7) years after the alleged act, omission or neglect occurred. Miss. Code. Ann. § 15-1-36


In passing Mississippi Code Annotated Section 15-1-36, the Legislature shortened the limitation period for bringing a medical-malpractice suit, but adopted a “ ‘discovery’ standard” for triggering the running of the statute. Sweeney v. Preston, 642 So.2d 332, 333 (Miss.1994).
Products Liability
3 Years

(1) All actions for which no other period of limitation is prescribed shall be commenced within three (3) years next after the cause of such action accrued, and not after.
(2) In actions for which no other period of limitation is prescribed and which involve latent injury or disease, the cause of action does not accrue until the plaintiff has discovered, or by reasonable diligence should have discovered, the injury. Miss. Code. Ann. § 15-1-49

Discovery:

(2) In actions for which no other period of limitation is prescribed and which involve latent injury or disease, the cause of action does not accrue until the plaintiff has discovered, or by reasonable diligence should have discovered, the injury. Miss. Code. Ann. § 15-1-49

Miss.Code Ann. § 15–1–49(2) (Rev.2002) provides for a special exception to the standard three-year statute of limitations for “latent injury or disease.” In its most simplistic form, if aggrieved persons do not know of their injury the statute of limitation does not begin running until they “can reasonably be held to have knowledge of the injury or disease.” Owens–Illinois, Inc. v. Edwards, 573 So.2d 704, 709 (Miss.1990).
PPG Architectural Finishes, Inc. v. Lowery, 909 So. 2d 47, 50 (Miss. 2005)
 

Municipal Liability/Sovereign Immunity
Partially waived and limited to $500,000. No punitive damages permitted against municipalities.
Discovery Rule
SOL runs from date injury is, or should have been discovered. See special rules for medical malpractice (3 years).
Comparative Negligence
Applies, but plaintiff's recovery is diminished by percentage of fault.
Charitable Immunity
Abolished.
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.
Damages
No award of punitive damages shall exceed the following: $20,000,000 for defendant with net worth of more than $1,000,000,000; $15,000,000 for defendant with net worth of more than $750,000,000 but no more than $1,000,000,000; $5,000,000 for defendant with net worth of more than $500,000,000 but no more than $750,000,000; $3,750,000 for defendant with net worth of more than $100,000,000 but no more than $500,000,000; $2,500,000 for defendant with net worth of more that $50,000,000 but no more than $100,000,000; 2% of defendant's net worth if it is $50,000,000 or less.
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
Consumer Fraud Complaint

Mississippi Office of the Attorney General: Consumer Section
http://www.ago.state.ms.us/index.php/sections/consumer
(800)28104418 (Toll free hotline)
(601)359-4230
(601)359-4231 (Fax)
(228)386-4400 (Biloxi)

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