Mississippi · Personal Injury Statute of Limitations

How long do you have to file a personal injury lawsuit in Mississippi?

Mississippi gives you 3 years from the date of injury to file a personal injury lawsuit under Miss. Code Ann. § 15-1-49.

Updated 2026-05-22 · See all 50 states

Key facts: Mississippi

Personal injury deadline
3 years
Miss. Code Ann. § 15-1-49
Wrongful death deadline
3 years
Miss. Code Ann. § 11-7-13
When the clock starts
Generally the date of injury for personal injury claims; the date of death for wrongful death. Mississippi follows the discovery rule for most negligence claims, which delays accrual when the injury was not, or could not reasonably have been, discovered at the time.
Last verified
2026-05-22
Source type
Primary (state code or court opinion)

Details and exceptions for Mississippi

Three years for both PI and wrongful death (running from date of death). The discovery rule applies for latent injuries. The Mississippi Tort Claims Act requires notice within 90 days and has a one-year deadline for government claims.

Related: Mississippi comparative negligence rule

Mississippi follows a pure comparative rule. Pure comparative negligence. Mississippi was the first state to adopt pure comparative negligence by statute in 1910; damages are simply reduced in proportion to the claimant’s share of fault.

Read the full Mississippi comparative negligence rule →

This page is informational and does not constitute legal advice. Notice deadlines for claims against governmental units, medical malpractice, intentional torts, and other special categories run on separate tracks and can be much shorter. Confirm the controlling rule with a licensed Mississippi attorney before relying on it.

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Mississippi Statute of Limitations FAQ

How long do I have to file a personal injury lawsuit in Mississippi?

In Mississippi, the general personal injury statute of limitations is 3 years from the date of injury under Miss. Code Ann. § 15-1-49. Three years for both PI and wrongful death (running from date of death). The discovery rule applies for latent injuries. The Mississippi Tort Claims Act requires notice within 90 days and has a one-year deadline for government claims.

Does Mississippi have a separate deadline for wrongful death?

Yes. Mississippi's wrongful death statute of limitations is 3 years under Miss. Code Ann. § 11-7-13. The clock typically begins on the date of death rather than the date of the underlying injury.

What happens if I miss the Mississippi personal injury deadline?

The court will almost certainly dismiss the lawsuit on a motion by the defendant, regardless of the strength of the underlying claim. Some exceptions can pause or extend the deadline, including the discovery rule, tolling for minors, and tolling while a defendant is out of state, but none are automatic. Talk to a Mississippi personal injury attorney before assuming a claim is barred.

What is Mississippi's comparative negligence rule?

Mississippi follows a pure comparative rule under Miss. Code Ann. § 11-7-15. Pure comparative negligence. Mississippi was the first state to adopt pure comparative negligence by statute in 1910; damages are simply reduced in proportion to the claimant’s share of fault.

Where can I read the actual statute?

The controlling statute is Miss. Code Ann. § 15-1-49. The full text is available on the official Mississippi legislature website at https://law.justia.com/codes/mississippi/title-15/chapter-1/general-provisions/section-15-1-49/.

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