When you’ve been injured through no fault of your own, your world can seem like it’s been turned upside down. With doctor’s appointments, recovery, and mounting medical bills, the last thing on your mind might be filing a personal injury claim. However, in Mississippi and every other state, there’s a strict timeline for taking legal action known as the statute of limitations.

Missing this important deadline could mean losing your right to seek compensation for life. At Gregory D. Keenum, PA, we have over 49 years of experience helping our clients navigate through difficult times. Our goal is to help you understand your rights and take the necessary steps to protect them.

Mississippi’s General Deadline: The Three-Year Rule

The standard time limit for filing a personal injury lawsuit in Mississippi is three years. This period begins on the day you were injured.

This three-year statute, found in Mississippi Code Ann. § 15-1-49, covers a wide range of personal injury cases, including:

• Car accidents, truck accidents, and motorcycle accidents.
• Slips, falls, and other premises liability incidents.
• Dog bites and other animal attacks.
• Workplace injuries in certain third-party cases.
• Medical malpractice, with specific rules discussed later.

The clock starts “ticking” the day an injury occurs. For example, if you were injured in a car accident on October 26, 2023, you have until October 26, 2026 to file a lawsuit against the responsible driver. If you miss even one day, the court is likely to dismiss your case and you will not be able to seek financial compensation for your injuries through the courts.

Important Exceptions to the Three-Year Rule

While three years is the general rule, the law acknowledges that there are some situations that are not straightforward. There are several important exceptions that can shorten or extend the deadline for filing.

1. The “Discovery Rule”

Some injuries are not immediately obvious. For example, you might not notice that a surgeon has left a foreign object in your body until years after surgery. Mississippi law addresses this through the “discovery rule”. The statute of limitations does not start until you discover, or should reasonably have discovered, the injury.

2. Medical Malpractice (One Year Rule)

Medical malpractice cases have shorter and more complex deadlines. According to Mississippi Code Ann., § 15-1-36, you usually have two years from the date of the negligent act to file a lawsuit. However, there is an important discovery clause: you cannot file more than one year after discovering the injury, regardless of how long the two-year period is. 

Also, no suit can be filed more than seven years after the incident, with few exceptions. Because of this complexity, it is crucial to consult an attorney immediately after suspecting medical error.

3. Claims Against Government Entities

If your injury was caused by an employee of a city, county, or state, or by a dangerous condition on public property, you may be able to file a claim against a government entity. However, these claims have different rules than other types of claims. Before you file a lawsuit, you must file a notice of your claim with the appropriate government body. 

For claims against the State of Mississippi, the notice must be filed within one (1) year of the injury, according to the Mississippi Tort Claims Act (§ 11-46-11). If you do not provide this notice within one year, your claim will be forfeited.

4. Minors and Legal Disabilities

If the injured person is under the age of 18, the statute of limitations for filing a lawsuit typically pauses. This means that the three-year period does not begin to run until the child turns 18. Therefore, a child who was injured at the age of ten will have until their twenty-first birthday to file a lawsuit.

Why You Should Not Wait Until the Deadline

While you may have three years to take action, waiting is one of the biggest mistakes you can make when it comes to personal injury cases. Evidence can disappear, witnesses’ memories can fade, and crucial details can be lost over time. It is crucial to start investigating your case immediately in order to preserve evidence, locate witnesses, and fully understand the extent of your injuries and damages.

Let Gregory D. Keenum, PA Protect Your Rights

With nearly 49 years of experience serving our local community, Gregory D. Keenum, PA understands the intricacies of Mississippi’s legal system. If you or a loved one have suffered an injury, do not let the deadline for compensation pass you by. 
Contact our firm today for a confidential consultation. We will review the details of your case and ensure that all necessary deadlines are met. We will tirelessly fight to protect your rights and advocate for your best interests.