If you’ve been injured due to another person’s negligence in Mississippi, the physical, emotional, and financial consequences can be overwhelming during recovery. It’s easy to get lost trying to recover, but Mississippi law has a strict deadline for filing a lawsuit. This deadline, known as the statute of limitations, is crucial in your case. If you miss it, you could lose the chance forever to seek compensation for your injuries.
At Gregory D. Keenum, PA, we have been helping Mississippians with personal injury claims for nearly 49 years. Our founder, Gregory D. Keenum, is committed to providing our clients with the legal advice they need to protect their rights. An essential part of this protection is understanding and following these important legal deadlines.
Mississippi’s General Deadline: The Three-Year Rule
In most cases, the clock begins ticking on the day of the accident or injury. The Mississippi statute of limitations for personal injury cases is three years, as outlined in Mississippi Code § 15-1-49.
This means that you have three years from the date of your injury to either settle your claim or file a lawsuit in an appropriate Mississippi court. The three-year rule applies to a variety of personal injury cases, such as:
- Car, truck, and motorcycle accidents
- Slip and fall or premises liability incidents
- Dog bites and animal attacks
- Workplace injuries (excluding workers’ compensation claims)
- Some cases of medical malpractice
Why the Deadline is So Important
The court system strictly enforces the statute of limitations. If you attempt to file a lawsuit even one day past the three-year deadline, the defendant is likely to file a motion to dismiss your case. The court has no choice but to grant this motion, and you will lose the right to seek financial compensation for your injuries, regardless of how severe they may be or how clear the other party’s fault may be.
This tight deadline emphasizes the importance of consulting with an experienced personal injury lawyer as soon as possible after an accident. Although three years may seem like a long time, building a solid, evidence-backed case requires months of research, negotiation, and preparation.
Important Exceptions to the Three-Year Rule
While three years is the standard, in certain situations there are different deadlines or rules which can “toll” (or pause) the statutory clock.
1. The Discovery Rule
Some injuries may not be immediately apparent. For example, in cases of medical malpractice, where a surgical instrument has been left inside a patient or a misdiagnosis has been made, the “discovery rule” may apply. According to Mississippi case law, the clock does not start until the date when the injury was actually discovered or it should have reasonably been discovered through diligence.
2. Minors and Legal Disabilities
If the injured party is under 18, the statute of limitations will typically be paused until their 18th birthday. After that, they will have three years to file a lawsuit. Similar rules may apply to individuals who are deemed mentally incapable.
3. Claims Against Government Entities
Suing a city, county, or state agency in Mississippi has much shorter and stricter time limits. According to the Mississippi Tort Claims Act (§ 11-46-11), you must file a formal notice of your claim within one year of the injury. After filing the notice, you must wait 90 days before you can file a lawsuit, but the total time for filing the lawsuit cannot exceed three years. It is important to follow the procedures carefully when filing these claims.
4. Wrongful Death Claims
In tragic cases where negligence has resulted in a fatality, families have the right to file a wrongful death lawsuit. However, there is a three-year statute of limitations that governs this right. The clock for this statute generally starts on the date of the person’s death.
What Happens If You Miss the Deadline?
If you try to file a lawsuit after the statute of limitations has passed, the defendant (or their insurance company) is likely to file a motion to dismiss your case. The court will likely grant this motion, and your case will be dismissed. This means that there will be no trial, no settlement, and no second chances.
Even if the other party admits fault or their insurance company has been in contact with you, if you have not filed in court before the deadline, your case is likely to be dismissed.
This is why we advise all our clients: Do not wait. Do not gamble. Do not assume that the other party will settle before the deadline. It is better to get legal help as soon as possible, even if you are still recovering from the accident or unsure about whether you want to pursue legal action.
Don’t Let Time Run Out on Your Right to Compensation
At Gregory D. Keenum, PA, we understand that every second counts after an injury. While you are focusing on recovery, let our experienced team of attorneys protect your legal rights. Since 1979, we have built a reputation for integrity, dedication, and outstanding results in our community. We are committed to understanding your unique situation and providing personalized, strategic guidance.
If you or a loved one has suffered an injury, do not hesitate to contact our office for a free consultation. We will carefully review the details of your case and ensure that all important deadlines are met. Our team will work tirelessly to fight for justice and compensation that you deserve.