Mississippi Personal Injury Statute of Limitations

Mississippi law provides for different time limits in particular personal injury cases and exceptions to the stated limits in Mississippi Code § 15-1-49. For example, Mississippi Code §15-1-59 provides that if a victim is under age 21 at the time of the injury, the statute of limitations is tolled until the individual turns 21, except in medical malpractice cases. When a statute of limitations is tolled, the running of the time is paused.

Medical malpractice cases also provide a different statute of limitations. Mississippi Code §15-1-36 requires that personal injury claims of malpractice against medical and pharmaceutical professionals be brought within two years of the date of error or date of discovery. However, if the victim was 6 years old or younger when the error or omission occurred and the statute of limitations expired, the family has two years from the child’s sixth birthday to file a civil case. The law also requires that victims give the medical professional a 60-day notice before bringing a claim for compensation.

Another example is the statute of repose, which is the date the victim must file a civil action by, even if the injury has not yet been discovered. In Mississippi, the statute of repose is seven years from the date of the malpractice.

Another exception to the statute of limitations rules set out in § 15-1-49 relates to claims against a government employee or agency in Mississippi. In that case, the victim must notify the correct governmental entity within 90 days of the injury and file a claim within one year of the incident.