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Mississippi Personal Injury Statute of Limitations

The statute of limitations for personal injury & accidents in Mississippi is three (3) years (Ref: Miss. Code § 15-1-49). 

What this means is that you (or your attorney) must file a lawsuit against a defendant within three years of the date of your accident. If you do not file a lawsuit within three years, generally you forfeit any potential claim against the defendant as a matter of law - meaning there will be no opportunity for a settlement, arbitration, or trial. 

Disclaimer: Although the information presented on this page is generally true there are some exceptions to this information, and the Mississippi Statute of Limitations (and the exceptions) may change over time. If you or a family member was involved in an accident and considering seeking compensation for your injuries it is crucial that you speak to a Mississippi personal injury lawyer to discuss your claim and potential recovery.

Variations on Time Limits for Filing a Lawsuit in Mississippi

There are some variations & exceptions to the 3 years statute of limitations on personal injury cases in Mississippi. Because of this, it is critical you discuss your matter with a lawyer who is highly experienced in personal injury law. 

  • Special rules apply if the person is "under the disability of infancy or unsoundness of mind" -- meaning he or she is under the age of 18 or has been declared legally incompetent. In those situations, since the property owner is considered to be under a "legal disability," the three-year "clock" won't start running until the period of disability ends (meaning the property owner turns 18 or is declared competent). But it's important to note that the time period for filing the lawsuit won't be extended for more than 21 years.
  • And if the person who is alleged to have caused the injury/damage leaves the state of Mississippi after the damage occurs but before the lawsuit is filed, the period of his or her absence probably won't be counted as part of the three-year time limit for filing suit.

What if You Miss the Deadline to File a Lawsuit?

If you miss the deadline to file a lawsuit and the Mississippi statute of limitations passes (barring any exceptions), the opposing party will almost surely move for case dismissal and it will likely be granted. This also means that nearly any hope of a settlement will also be forfeited because there is no leverage to potentially pursue a trial (since it would immediately be dismissed). 

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