NOTE: Health-care providers have been declared immune to malpractice claims related to services rendered in response to the COVID-19 pandemic, with the exception of conduct that shows malice, willful misconduct or reckless disregard.

Do Civil Cases Have a Statute of Limitations in Mississippi?

Yes, all types of civil claims have a statute of limitations in Mississippi. These deadlines can range anywhere from one to seven years, but most have a two-year limit.

Statute of Limitations in MS at a Glance

Type of Claim	Time Limit	Statute of Limitations
Personal Injury	3 years	Miss. Code. Ann. § 15-1-49
Medical Malpractice	2 years	Miss. Code. Ann. § 15-1-36
Wrongful Death	3 years	Miss. Code. Ann. § 15-1-49
Fraud	3 years	Miss. Code. Ann. § 15-1-49
Product Liability	3 years	Miss. Code. Ann. § 15-1-49

What Is the Statute of Limitations in Mississippi for Personal Injury Claims?

The statute of limitations for a personal injury lawsuit is three years. If you file your claim after this time, it will be ruled invalid.

“(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

Fraud claims fall under the same statute as personal injury claims in Mississippi.

“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))

Toxic Tort

3 Years

Toxic tort claims are covered by the same statute of limitations as personal injury cases.

The discovery rule applies to toxic tort cases; the statute of limitations begins to run upon discovery of the injury in question.

What Is the Mississippi Wrongful Death Statute of Limitations?

The Mississippi statute of limitations for wrongful death claims is generally three years from the date of death. However, if the death allegedly resulted from an intentional tort, the time limit is one year.

“(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)

What Is the Medical Malpractice Statute of Limitations in Mississippi?

The Mississippi statute of limitations for medical malpractice is two 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))

Product 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)

“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))

Statute of Repose for Construction Defects

The statute of repose for defects in the design or construction of an improvement to real property is six years from written acceptance or occupancy. (M.C.A. §15-1-41)

Municipal Liability/Sovereign Immunity

The state has partially waived its right to sovereign immunity, and damages are limited to $500,000. No punitive damages are permitted against municipalities.

Discovery Rule

Statutes of limitations typically run from the date an injury is or should have been discovered.

Is Mississippi a Comparative Negligence State?

Yes. Mississippi follows the doctrine of pure comparative negligence, meaning that if the plaintiff is found partly to blame for their injuries, the awarded compensation will be reduced by their percentage of fault.

Charitable Immunity

Charitable organizations are not immune to legal claims.

Legal Disabilities

In cases involving plaintiffs younger than 21 or plaintiffs who are incompetent or insane, the statute of limitations runs from the removal of this legal disability, but it cannot be extended more than 21 years. However, for medical malpractice cases involving minors, the legal disability is considered removed at age 6.

Punitive Damages

Punitive damages are allowed, but the plaintiff must present clear and convincing evidence that the defendant acted with actual malice or gross negligence, which shows willful, wanton or reckless disregard for the safety of others, or committed actual fraud.

No award of punitive damages shall exceed the following:

• $20,000,000 for a defendant with a net worth of more than $1,000,000,000
• $15,000,000 for a defendant with a net worth of more than $750,000,000 but no more than $1,000,000,000
• $5,000,000 for a defendant with a net worth of more than $500,000,000 but no more than $750,000,000
• $3,750,000 for a defendant with a net worth of more than $100,000,000 but no more than $500,000,000
• $2,500,000 for a defendant with a net worth of more than $50,000,000 but no more than $100,000,000
• 2% of the defendant’s net worth if it is $50,000,000 or less

Consumer Fraud Complaints

Consumer fraud complaints can be filed online with the Consumer Protection Division of the Mississippi Attorney General’s Office. You can also call 1-800-281-4418 or (601) 359-4230.

Frequently Asked Questions About the Statute of Limitations in MS