Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Statute of Limitations for Personal Injury in Mississippi
In Mississippi, you generally have three years from the date of an accident to file a personal injury lawsuit. This time limit is known as the statute of limitations. If you miss this deadline, a court will likely dismiss your case, barring you from recovering compensation.
The main statute is Miss. Code Ann. § 15-1-49, which states that “actions for injuries to the person” must be brought within three years after the cause of action accrues.
How the Three-Year Period Works
- Date of accrual: The clock starts on the date of the accident or injury, even if you discover symptoms later.
- Discovery rule: Mississippi follows a strict accrual rule. You cannot delay the filing deadline based on when you learn of the injury.
- Filing suit: You must file your complaint in the appropriate circuit court and serve the defendant before the three-year period expires.
Exceptions and Tolling
- Minors and incapacitated persons: The limitation does not begin until the minor turns 21 or the person’s incapacity ends. See Miss. Code Ann. § 15-1-67.
- Claims against government entities: If you sue a state entity, you must file a notice of claim within 90 days of the injury and then file suit within one year. See Miss. Code Ann. § 11-46-11.
- Defendant absent from state: If the defendant leaves Mississippi for the entire three-year period, the limitation may be tolled until they return.
Why You Should Act Promptly
Gathering evidence is easier soon after an accident. Witness memories fade, physical evidence vanishes, and medical records become harder to track. Filing early lets you preserve critical proof.
Helpful Hints
- Document the date of accident, injuries, and treatment.
- Preserve photographs, police reports, and witness contact info.
- Track medical bills and lost wages for damages calculations.
- Consult an attorney well before the three-year deadline.
- Ask about tolling rules if the injured party is a minor or incapacitated.
- Check special notice requirements for government-related claims.