Mississippi Civil Statute of Limitations Laws

Many people assume that, after a car accident, the insurance company will take care of them. When they realize the carrier denies their accident claim, months have passed. They don’t know that they only have a certain amount of time to file a legal claim.

Whether it’s a medical malpractice claim or a product liability lawsuit, you must meet the court’s filing deadline. If you allow too much time to go by, you’ll lose your chance to sue for damages.

The laws governing your filing deadlines are called “statutes of limitations.” The State of Mississippi, like every other state, has criminal and civil statutes of limitations. We will only discuss Mississippi’s statute of limitations for civil cases. We will explain how long you have to file various types of civil claims. We will also briefly explain what happens if you miss the limitations period.

Civil Statutes of Limitation

State statutes of limitations impose a time limit for filing lawsuits and other civil actions. The Magnolia State's statute of limitations period varies depending on the type of case you need to file. For example, you have three years to file a wrongful death lawsuit, while you only have one year to file a complaint for libel or slander.

Generally, the rules of civil procedure give you anywhere from one to seven years to file your cause of action. The clock will begin ticking on the date of the incident or the date you discover the harm.

You may wonder if the clock ever stops or goes on pause. Under Mississippi law, the statutes of limitation may toll in the following situations:

• The victim (plaintiff) is a minor (Mississippi Code §15-1-59)
• The defendant leaves the state (Mississippi Code §15-1-63)
• The defendant fraudulently hides the claim or liability (Mississippi Code §15-1-67)

You must file your claim before the Mississippi statutes of limitations period expires. Otherwise, the court will dismiss your claim. If the clerk of the court doesn’t notice that you’ve missed the filing deadline, the defendant certainly will. All they have to do is file a motion to dismiss with the court, and the judge will have no choice but to grant their motion.

Why Do the Mississippi Courts Impose Statutes of Limitation?

Courts have statutes of limitations to create as much fairness and predictability as possible when people file civil lawsuits. An injured party has a specified period of time to decide whether to file a legal claim for damages.

At the same time, statutes of limitations guarantee that a would-be defendant doesn’t have to worry about a potential lawsuit for years. These laws are the legal system's attempt to create deadlines for legal action. This is so that all the parties involved can plan and prepare accordingly.

Statutes of Limitations in Mississippi

Below, you'll find Mississippi's civil statutes of limitations.

Disclaimer: State laws are subject to change through new legislation, higher court rulings (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information, consult a personal injury attorney or conduct legal research to verify your state laws.

Contact a Personal Injury Lawyer to Learn More About Mississippi Civil Statutes of Limitations

If you believe you have a valid claim for civil damages, don’t wait too long to file. Seek legal advice as soon as possible after your injury. This way, they’ll ensure you file your claim within the time frame and comply with all other court rules. Contact a local attorney and schedule your free initial consultation.