Posted on: Sep 11, 2019

What You Should Know About the Mississippi Statute of Limitations

statute of limitations in ms

Statutes of limitations are laws which designate time limits relating to the duration of time you have to file a civil lawsuit, such as a personal injury lawsuit, or to prosecute someone for committing a crime.

These deadlines typically depend on the legal claim and vary from state to state.

The time period for a personal injury claim starts on the date the incident and your injury occurs. Once the statute of limitations has expired, you are no longer able to file a lawsuit.

What Are Civil Lawsuits?

Civil lawsuits are cases where one party sues another party. Quite often they are personal injury situations when the plaintiff suffers a harm. As a result, the plaintiff is seeking compensation (usually money) from the party who injured them.                                                                                  

A common example occurs when a person injured in a car accident caused by another driver sues the other driver. Another situation could be when an injured customer (such as by slipping and falling at a grocery store) files a civil lawsuit against the store.

In these situations, the resulting court cases are civil lawsuits. The police do not get involved and criminal acts are not at issue. Instead, one person is suing another because of injury.

How Do the Statute Of Limitations Impact a Civil Case?

In the justice system in the United States, each state sets time limits for how long a prospective plaintiff has to file a civil lawsuit. This time limit is the statute of limitations.  A person filing a civil case must do so before the statute of limitations expires or the court will hear it. Filing by the statute of limitations does not mean that a person will win a lawsuit. However, the statute of limitations helps determine whether the court can hear the case.

What Are the Statutes Of Limitation In Mississippi?

In Mississippi, the statutes of limitation for civil law cases range from one year to seven years. 

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The following are the statutes of limitation in Mississippi for various civil claims according to Title 15, Chapter 1, of the Mississippi Code:

  • Assault and Battery – one year (Miss. Code § 15-1-35)
    • Assault and battery – one year (Miss. Code § 15-1-35);
    • Contract (in writing) – three or six years (Miss. Code § 15-1-49, Miss. Code § 75-2-725);
    • Contract (oral or not in writing) – one, three, or six years (Miss. Code § 15-1-29, Miss. Code § 75-2-725);
    • False imprisonment – one year (Miss. Code § 15-1-35);
    • Fraud – three years (Miss. Code § 15-1-49);
    • Enforcing court judgments – seven years (Miss. Code §§ 15-1-43 and 15-1-45);
    • Legal malpractice – three years (Miss. Code § 15-1-49);
    • Libel – one year (Miss. Code $ 15-1-35);
    • Medical malpractice – two or seven years, based on when the injury is “discovered” (Miss. Code § 15-1-36);
    • Personal injury – three years (Miss. Code § 15-1-49);
    • Product liability – three years (Miss. Code § 15-1-49);
    • Property damage – three years (Miss. Code § 15-1-49);
    • Slander – one year (Miss. Code § 15-1-35);
    • Trespass – three years (Miss. Code § 15-1-49); and
    • Wrongful death – three years (Miss. Code § 15-1-49).

    These time frames generally begin on the date of the incident or the date you discover the harm. Experienced attorneys are aware of these varying timelines. They also stay abreast of any changes in statutory law.

    The Clock Is Ticking: Contact an Attorney

    When you are injured, contact a lawyer as soon as possible. Gathering evidence (documents, medical records, witness accounts, resulting damages, etc.) takes significant time. A lawyer needs to take these steps to determine the necessity of a lawsuit. The experienced attorney will do this work and be sure to file the lawsuit, if needed, within the statute of limitations. Don’t wait. Contact an attorney.

    Have Questions About the Statute Of Limitations In Mississippi? Contact Us Today

    For over three decades, Harris Law Firm has been seeking justice on behalf of our clients. Our practice focuses on representing people who have suffered serious injury due to someone else’s negligence. We take time to get to know our clients personally so that we can determine how to help them best.

     We are a skilled and experienced team. If you have questions regarding statutes of limitation or want information on how to file a personal injury claim, schedule a free consultation with Harris Law Firm, PLLC today!

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