A personal injury statute of limitations (SOL) is a law that bars personal injury claims from being filed after a certain amount of time has passed since the cause of action occurred. Depending on the wording of the applicable SOL, a statute of limitations clock can start to run on the date when the injury-causing incident occurred, the date when the injury was discovered, the date on which the injury would have been discovered with reasonable efforts, or on some other specified date. This article provides an overview of Mississippi’s key personal injury statutes of limitations, however, please note that some exceptions to the rules listed below do exist in Mississippi and that it is therefore critical to consult with a local personal injury attorney when calculating whether or not a statute of limitations clock has run on a particular claim.
Personal Injury Claims
The Mississippi Code contains a catchall statute of limitations, written in section 15-1-49, which applies to most personal injury claims. This statute states that, “All actions for which no other period of limitation is prescribed shall be commenced within three years… after the cause of such action accrued, and not after.” However, the statute also notes that this three-year clock does not start to run for claims involving a latent injury or disease until the plaintiff (i.e. the person who is suing) discoveries, or by reasonable diligence should have discovered, the injury.
This three-year statute of limitations applies to a wide variety of personal injury claims including product liability claims as well as wrongful death claims.
Medical Malpractice Claims
Mississippi also has a statute of limitations that applies exclusively to medical malpractice personal injury claims. This SOL is contained in section 15-1-36(2) of the Mississippi Code and requires most medical malpractice claims to be filed within two years of the date on which the injury caused by the alleged malpractice was, or with reasonable diligence might have been, first known or discovered. Additionally, Mississippi’s medical malpractice statute of limitations provides that regardless of when the injury was discovered a medical malpractice claim may generally not be filed more than seven years after the malpractice was alleged to have occurred.
Personal Injury Claims Filed Against a State Entity or Employee
It should also be noted that most personal injury claims filed against a state entity or employee are governed by an additional statute of limitations (section 11-46-11(1) of the Mississippi Code). Actions against a governmental entity must be commenced within one year from the date of the occurrence. There are also additional limitations on time for filing the lawsuit, which requires plaintiffs to file a notice of claim with the chief executive officer of the appropriate government entity at least 90 days before initiating their suit. Recently, the Mississippi Supreme Court has been issuing rulings to clarify the things that constitute adequate notice under the statute. Many suits have been dismissed for failure to comply with the notice provisions of the Mississippi Tort Claims Act.
Need Legal Advice? Contact a Local Personal Injury Attorney
Here at the office of Derek L. Hall, PC, our team of experienced personal injury attorneys is committed to helping injured individuals throughout Mississippi obtain the compensation that they are legally entitled to. If you have questions about our state’s personal injury statutes of limitations, or any other legal matter related to a personal injury claim, feel free to contact our Jackson office at (601) 202-2222 to schedule a free initial consultation.
