Mississippi Personal Injury Statute of Limitations
Have you been hurt in Mississippi because of something someone else did? If so, you can bring a lawsuit against that person and demand they compensate you for the financial and personal harm you suffered because of them. However, the Mississippi personal injury statute of limitations means you only have a certain amount of time to do so.
What is a statute of limitations? It is a law that places a deadline on how long you have in which to file your lawsuit. If you attempt to bring suit after this deadline has passed, the court will not hear your case, which will cost you your right to recover the compensation you deserve.
Do not risk losing your opportunity to demand the wrongdoers pay for their carelessness. Instead, contact Williams Newman Williams now. We can review your case for free and without risk, explain your legal options, and pursue your case within the timeline established by the civil statute of limitations.
Why Choose WNW for Your Mississippi Personal Injury Case?
Your choice of lawyer to represent you in your motor vehicle crash, nursing home abuse and neglect, slip-and-fall, or other injury lawsuit is one of the most crucial decisions you have to make. Mississippi residents turn to WNW because we provide the following:
- Strong, Clear Communication from the Outset – We take the time to understand your situation so we may support your case with the focus it deserves.
- Consistent Updates About Your Case — We make sure you know your legal rights and options by answering your questions, making ourselves available whenever you need to speak with us, and keeping you informed about what is happening so you are never out of the loop.
- Making Your Case the Strongest It Can Be – Our lawyers are prepared to go the distance with injury cases by building them as though they will go directly to trial. This gives us the leverage we need to win and to let the insurers know we mean business.
- Charging Nothing Out-of-Pocket to Take Your Case – There are no upfront fees for us to work on your injury lawsuit. We are paid only if we recover compensation for you. The initial consultation is always free and fully confidential.
With more than four decades of combined experience and millions of dollars recovered for victims across the Magnolia State, our lawyers know what it takes to win. Reach out to us today and discover the difference we can make in your injury lawsuit.
Why Does Mississippi Have a Statute of Limitations on Personal Injury Cases?
Mississippi puts a statute of limitations on personal injury cases in the interest of ensuring fairness. The goal is to protect defendants (the people being sued) from the constant threat of lawsuits over something that happened in the distant past. This may seem unfair to someone who has suffered an injury. However, there are practical reasons not to allow an unlimited time for legal action, such as the following:
- Memories fade and evidence decays over time, which can make it harder to prove or defend facts at trial.
- Courts have limited resources and are already overtaxed by the volume of timely filed claims.
- Injured parties can still pursue their claims so long as they act with reasonable diligence.
What Types of Personal Injury Claims Fall Under the Time Limit for Filing?
Most personal injury claims in Mississippi have the same statute of limitations set by MS Code § 15-1-49(1), including the following:
- Car accidents
- Motorcycle crashes
- Truck collisions
- Pedestrian injuries
- Slip-and-falls
- Premises liability/dangerous property claims
- Dog bites
- Product liability/product defect claims
However, certain claims have different deadlines, including deliberate injuries and medical accidents. When you meet with an injury lawyer from WNW, we can assess your situation and determine the filing deadline for your case.
What Is the Statute of Limitations Period for Personal Injury Cases in Mississippi?
So, just how long is the statute of limitations in Mississippi? Most injury claims are subject to a three-year deadline, which begins on the day the cause of action accrued (the day the injury occurred). However, certain specific claims have different deadlines.
For example, injured parties have two years from the date they discovered or reasonably should have discovered that they received negligent medical care to file a medical malpractice lawsuit (MS Code § 15-1-36). However, they cannot bring a claim more than seven years after the date they received the negligent medical care. As another example, intentional torts, such as assault, are subject to a one-year filing deadline (MS Code § 15-1-35) rather than the three-year negligence statute of limitations.
During your free, fully confidential consultation, WNW can advise you on how long you have to bring your unique personal injury case.
What Happens If You Miss the Deadline to File a Lawsuit?
If you attempt to bring a lawsuit after the deadline on your claim has passed, the defendant can file a motion with the court, arguing that you have filed your suit too late. The court will then review your filing and the defendant’s evidence and determine whether your claim is indeed time-barred. If it is, the court will dismiss your case, which will cost you your right to compensation regardless of how clearly the defendant caused your injuries. This potential outcome is why it is so important to take prompt action after an injury that someone else caused.
Why Does Acting Quickly Strengthen Your Personal Injury Case?
While three years might seem like plenty of time to bring your lawsuit, there are several reasons not to put things off.
First, key evidence might not be available for that full three years. Memories will fade, accident scenes will get cleaned up, and documents can get misplaced. If you do not act quickly to recover this evidence, it may become harder to prove that someone else was responsible for causing your injuries.
Second, the sooner you hire a lawyer, the more time they have to build your case and negotiate for a settlement before the statute of limitations forces their hand. Early intervention often yields a stronger, more compelling argument, making it harder for an at-fault party or their insurance company to stall or dispute liability.
To sum it up, you can best protect your right to fair compensation by acting quickly after an injury.
When Does the Clock for Filing a Lawsuit Start for an Accident Case?
In most circumstances, the clock for filing your lawsuit starts on the day of the cause of action, meaning the day you suffered an injury. However, there are certain exceptions to this rule, such as if you did not initially realize you had suffered an injury. Your lawyer at WNW can determine where your injury would fall on the timeline.
Does the Time to File a Lawsuit Change If I Did Not Know I Was Hurt Right Away?
Yes, the time to file your lawsuit can change if it took you time to realize you had suffered an injury. MS Code § 15-1-49(2) establishes the “discovery rule,” which states that the cause of action does not accrue until you have discovered, or reasonably should have discovered, that you had suffered an injury. In other words, the three-year clock will start running on the day you realized you had suffered an injury, not on the date that the injury actually occurred.
Does the Clock for Filing a Lawsuit Restart If New Injuries or Complications Appear?
Generally speaking, the clock starts running as soon as you realize that you have suffered any injuries, not when new injuries have emerged from the same underlying cause of action. However, every case is unique, and certain factors could affect the deadline in your situation. Talk to an experienced personal injury lawyer at WNW to get an answer tailored to your specific circumstances.
What Is the Deadline if the Accident Resulted in Someone Dying?
In the event that an accident victim dies as a result of their injuries, their surviving family can bring a wrongful death claim against the responsible parties. The statute of limitations for wrongful death matters establishes a deadline of three years from the date of death rather than three years from the date of injury. That would mean, for example, if your loved one was hurt in an auto accident on January 1, 2026, but passed away on January 31, you would have until January 31, 2029, to file a lawsuit.
Does the Time Period Change If the Person Was a Minor When the Injury Occurred?
Because a minor does not have standing to bring a case on their own, the cause of action for an injured child does not accrue until the day they turn 18. As an example, if the child was 14 when they suffered an injury, they have until their 21st birthday to file suit against the person who hurt them – provided that their parents or legal guardian did not already do so on their behalf.
Are There Other Exceptions to the Mississippi Statute of Limitations?
Yes, there are several exceptions to the usual statute of limitations that might apply to your case. They include the following:
- You did not discover that you suffered the injury until a later date, in which case the clock starts on the day you learned of or reasonably should have learned of your injury.
- You were under the age of majority when you suffered the injury, in which case the clock starts on the day you turn 18.
- You were mentally incompetent at the time of injury, in which case the clock starts on the day a court deems you legally competent.
An experienced personal injury lawyer from WNW can tell you if these or other exceptions might apply to your particular situation.
What Can a Mississippi Lawyer Do to Make Sure Your Lawsuit is Filed on Time?
Perhaps the best thing you can do to protect your right to fair compensation after an accident is to contact a Mississippi personal injury lawyer at WNW as soon as possible. We can help you file your lawsuit by the relevant deadline by doing the following:
- Identifying the correct statute of limitations that applies to your claim, as different types of lawsuits in Mississippi have different deadlines
- Gathering and preserving important evidence before it can go missing or be forgotten
- Determining all potentially liable parties and filing claims against the correct defendants within the required time frame
- Submitting all required court documents accurately and on time to prevent procedural mistakes that could jeopardize the case
- Preparing for trial so that they are ready to bring a lawsuit within the statutory deadline should negotiations stall
Contact a Mississippi Injury Lawyer Today
Now that you know how important the statute of limitations for personal injury is for your right to recovery, we at WNW are ready to get started on your claim. Contact us today for your free, no-obligation, fully confidential consultation.
When You Need a Win, turn to WNW.
