Written by attorney Everett Pepper

Statute of Limitations in Mississippi


Medical Malpractice Actions in Mississippi

Actions against health care providers must be filed within two (2) years of the date that the act or omission giving rise to the injury occurred, or within two (2) years of the date when the injury was, or should have been, discovered. The seven-year repose period does not apply to foreign object suits or fraudulently concealed malpractice. In no event can a person file a medical malpractice action more than seven years from the date that the negligent act or omission occurred. These time limits apply to minors six and older. In the case of minors under six years of age, medical malpractice actions must be filed within two years of the date of the child’s death or sixth birthday. A 60-day written notice of the intent to file a medical malpractice action must be given to the defendant prior to filing the lawsuit.

Personal Injury Actions in Mississippi

Personal injury actions must be brought within three (3) years of the date when the injury occurred.

Products Liability Actions in Mississippi

The statute of limitation for bringing a Product Liability action is within three (3) years from the time the plaintiff was harmed.

Special Laws for Minors

Except in cases of wrongful death or medical malpractice, the statute of limitations begins to run when the minor turns 21.

Wrongful Death in Mississippi

A wrongful death action based on negligence must be filed within three (3) years of the date of death. In cases where the claim arose from an intentional tort, suit must be filed within one (1) year of the date of death.

The statute of limitations varies by state, and the ones listed above are specific to Mississippi. If you have specific questions about a personal injury or wrongful death claim, you can speak to one of our personal injury attorneys in Mississippi or Alabama. We can also assist people from out of state to find legal representation utilizing our network of attorneys in other states. Call Personal Injury Attorney Stacy E. Pepper in Mississippi at 601-202-1111 or Personal Injury Attorney Chris Odom in Alabama at 888-498-4516. The Personal Injury attorneys at Pepper & Odom, P.C. offer a free initial consultation.

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