Mississippi Statutes of Limitations
By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed January 06, 2025
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Whether you’re looking to file a civil lawsuit or fear that the state will press criminal charges against you, there’s one crucial thing you need to know about — the statute of limitations. This statute dictates how long you have to file a civil or criminal case.
Every state has its own set of statutes of limitations. Mississippi is no different. Usually, the filing deadlines are similar from state to state. But you must understand these time limits to file a civil action. You should also know whether the state has run out of time to pursue a criminal prosecution against you.
Here, we’ll briefly discuss the criminal and civil statutes of limitations in the State of Mississippi and give links to more resources to help answer any questions.
Mississippi’s Civil Statute of Limitations
People looking to sue a third party for damages must file a civil complaint with their local court within the limitations period. Otherwise, the court will reject the complaint.
Even if the court clerk doesn’t notice that you’ve missed the deadline to file your cause of action, the defendant will know. All they have to do is file a motion to dismiss based on your failure to file your claim within the necessary timeframe.
Mississippi state law imposes strict limitations on actions for the following types of civil cases:
- Medical malpractice cases
- Personal property damage
- Creditor collection’s actions
- Product liability claims
- Car accident lawsuits
- Wrongful death claims
The amount of time you have to file a civil claim typically ranges from one to three years. Section 15-1-1 of the Mississippi Code dictates how long you have to file these claims.
Mississippi’s Criminal Statutes of Limitations
Just as plaintiffs have time limits to file a legal action, state prosecutors also have filing deadlines for criminal actions. If someone commits a crime, the prosecutor must file charges before the statute of limitations period expires. If they fail, state law bars them from proceeding further.
Certain crimes have no statute of limitations, such as murder, rape, and arson. The filing deadlines vary for other felonies and misdemeanors. Miss. Code §99-1-5, et. seq, outlines the criminal statutes of limitations for criminal offenses in the State of Mississippi.
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 criminal defense lawyer to verify your state laws.
Contact a Local Attorney for Help
If you’re the injured party in an accident or need to pursue a personal injury claim against someone, you must do so before the filing deadline expires. The same is true for criminal cases. If the state files criminal charges against you, they must do so before the criminal statute of limitations runs out.
It can be difficult to understand these laws, especially for non-lawyers. Seek legal advice from a local attorney as soon as possible to protect your legal rights.