MISSISSIPPI STATUTES OF LIMITATION

What is a “statute of limitation”?

A statute of limitation is statute passed by the Mississippi legislature, or Congress, that sets the deadline for filing a specific type of lawsuit. This time limit is also known as the prescriptive period.

If the applicable statute of limitation expires, you no longer have the right to file a lawsuit.

What starts the running of the statute of limitations?

The limitation period for a civil case normally begins to run at the time the injury or loss occurs. In many situations there are exceptions which extend the time for filing a lawsuit. Therefore, you should always talk to an experienced lawyer to determine exactly how long you have to file your particular lawsuit.

What are the time limitations for criminal charges?

There are time limits for bringing many types of criminal charges in Mississippi. For many crimes there is a two year time limit for filing charges. Other crimes have longer periods. However, pursuant to Mississippi Code section 99-1-5, the passage of time shall never bar a prosecution for murder, manslaughter, aggravated assault, kidnapping, arson, burglary, forgery, counterfeiting, robbery, larceny, rape, embezzlement, obtaining money of property under false pretenses or by fraud, felonious abuse or battery of a child.

Can the limitation period for filing a civil lawsuit be changed by a contract?

Pursuant to section 15-1-5 of the Mississippi Code, the period of limitations may not normally be shortened by agreement or contract.

How long do I have to file a negligence or personal injury claim?

For most personal injury claims based on negligence, the statute of limitations is three (3) years from the date of injury or loss.

How do I have to file a claim if someone has intentionally harmed me?

For most injuries caused by intentional acts, the limitations period is one (1) year from the date of the harm or loss.

How long do I have to file for libel, slander or defamation?

The limitations period for filing a libel/slander/defamation is normally one (1) year from the date of the occurrence.

How long do I have to file for wrongful death?

The limitations period for filing a negligent wrongful death claim is three (3) years except when the death was caused by an intentional act or results from medical malpractice.

How long do I have to file a medical malpractice claim?

Claims against private physicians and healthcare providers generally must be filed within two (2) years after the negligence occurs. The rule is different for Minors under the age of six. If the potential defendant is a county or state Hospital, or a government employee, the lawsuit must normally be filed within one (1) year of the negligence.

How long do I have to file a claim because of a defective product?

Pursuant to section 11-1-60 of the Mississippi Code, you normally must file a products liability lawsuit in Mississippi within two (2) years of the date of injury.

How long do I have to file a breach of contract claim?

In Mississippi you must normally file a claim for a breach of contract within three (3) years after the breach or non performance occurs.What if someone concealed or hid their wrongful actions from me?

What is the discovery Rule?

Pursuant to section 15-1-67 of the Mississippi Code, If a person that would be liable to you fraudulently conceals material information from you, the applicable statute of limitations may not begin to run until the fraud is actually discovered, or with reasonable diligence should have first been discovered.