General Personal Injury Cases: Three-Year Limit
For most personal injury cases in Mississippi, you have three years to file a lawsuit. The clock starts ticking from the date you were injured, as outlined in Miss. Code § 15-1-49(1) (2024). "We see the best outcomes when clients contact us quickly, so we can have the most time to develop the best possible case," explained Mississippi truck accident lawyer, Missy Wigginton. However, this rule applies only if you were aware of your injury at the time it occurred. If you discovered your injury later, Mississippi law provides an exception under the "discovery rule."
The Discovery Rule
The discovery rule allows you extra time to file your claim if you couldn't have reasonably known about your injury when it occurred. The statute of limitations will not begin until the date you discovered (or should have reasonably discovered) the injury. This rule can be critical in cases involving latent injuries or those not immediately apparent.
Intentional Torts: One-Year Limit
Mississippi law provides a much shorter window to file a lawsuit in cases involving intentional harm, also known as intentional torts. For these types of cases, you must file your lawsuit within one year of the injury. Common intentional torts include:
- Assault
- Battery
- Defamation (libel or slander)
- False imprisonment
The statute of limitations for these cases is codified in Miss. Code § 15-1-35 (2024).
Medical Malpractice: A Complex Timeline
Medical malpractice claims in Mississippi are subject to more complex rules. Generally, you must file a medical malpractice lawsuit within two years from the date you knew or should have known about the malpractice. However, there’s a "statute of repose" that limits the ability to sue after seven years from the date the malpractice occurred, regardless of when you discovered it.
There are two significant exceptions to the seven-year statute of repose:
Foreign Objects: If a surgical instrument was left inside your body, you might still be able to file after seven years.
Fraudulent Concealment: If the healthcare provider actively concealed the malpractice from you, the statute of repose might not apply.
These rules are outlined in Miss. Code § 15-1-36(2) (2024).
Additionally, before filing a medical malpractice lawsuit in Mississippi, you must meet the pre-suit notice requirement. This means that at least 60 days before filing the lawsuit, you must give the defendant written notice of your intent to sue. This rule is specified in Miss. Code § 15-1-36(15) (2024).
Can the Statute of Limitations Be Extended?
In some cases, Mississippi law allows the statute of limitations to be "tolled," or paused, which can give you more time to file your lawsuit. Situations where this might occur include:
Minor or Legal Disability: If the injured person is a minor or legally disabled, the statute of limitations might be tolled until the person is no longer a minor or disabled. This is covered under Miss. Code § 15-1-59 (2024).
Defendant Out of State: If the defendant leaves Mississippi and resides outside the state for a period of time, the statute of limitations may be extended under Miss. Code § 15-1-63 (2024).
Fraudulent Concealment: If the defendant fraudulently conceals the injury or the cause of action from you, this could toll the statute of limitations, as noted in Miss. Code § 15-1-67 (2024).
What Happens if You Miss the Deadline?
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The Magnolia State's Laws
Understanding Mississippi’s updated statutes of limitations is essential if you're considering filing a personal injury lawsuit. Whether it's a general personal injury claim, an intentional tort, or medical malpractice, adhering to these deadlines can make or break your case. Always consult with an experienced attorney to ensure your claim is filed in a timely manner and to understand any potential exceptions or extensions that might apply to your situation.