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Mississippi Statute of Limitations: How Long Do You Have to File a Personal Injury Claim?

March 16, 20254 min read

When you’ve been injured due to someone else’s negligence — whether in a car accident, a slip and fall, or another incident — it’s natural to focus on your recovery first. But there’s one critical detail you can’t afford to ignore: the statute of limitations.

At The Jones Law Firm P.C., we regularly meet clients who weren’t aware that Mississippi law places strict time limits on how long you have to file a personal injury claim. Missing that deadline could mean permanently losing your right to compensation — no matter how strong your case might be.

Here’s what you need to know to protect your legal rights.


What Is a Statute of Limitations?

A statute of limitations is the legal time limit you have to file a lawsuit. Once that deadline passes, the court will typically dismiss your case — even if you had a valid claim.

Every state sets its own statutes for different types of cases, and in Mississippi, these deadlines are outlined in the Mississippi Code § 15-1-49.


The Standard Deadline for Personal Injury Claims in Mississippi

In most personal injury cases, Mississippi gives you three years from the date of the injury to file a lawsuit in civil court.

✅ This three-year deadline applies to cases such as:

  • Car accidents

  • Truck or motorcycle accidents

  • Slip and fall incidents

  • Workplace injuries caused by third parties

  • Negligent security or premises liability

  • Assault or other personal injury torts

🕒 Example:

If you were injured in a car accident on June 1, 2024, you would typically have until June 1, 2027 to file your claim.


Wrongful Death Claims Have a Separate Clock

If you’ve lost a loved one due to someone else's negligence or misconduct, Mississippi allows you to file a wrongful death claim. In these cases, the three-year clock begins on the date of the person’s death, not the date of the original incident (if different).

This deadline applies whether the death resulted from a car accident, medical malpractice, or another cause linked to negligence or intentional harm.


Exceptions That Can Shorten or Extend the Deadline

While three years is the general rule, there are exceptions that can alter the statute of limitations — and not knowing them can lead to serious consequences.

🔹 Claims Against Government Entities:

If your injury was caused by a government agency or employee (such as being hit by a city vehicle or injured on government property), the deadline is much shorter. You must:

  • Notify the government agency within 1 year, and

  • File suit within 2 years in most cases

Failing to follow the proper procedures — including how notice is given — can result in your claim being denied altogether.

🔹 Cases Involving Minors or Mentally Incapacitated Individuals:

If the injured person is a minor (under 18) or mentally incapacitated at the time of the injury, Mississippi law may allow the statute of limitations to be “tolled” (paused) until the disability is removed.

  • For minors, the clock generally starts running when they turn 18.

  • For those mentally incapacitated, it begins when they regain capacity.

🔹 Discovery Rule:

In certain rare cases, if the injury or harm was not immediately apparent, the “discovery rule” may apply. This allows the clock to start when the injury was reasonably discovered — not necessarily the date the incident occurred.

This often applies in medical malpractice or toxic exposure cases, but it can be difficult to prove. Legal guidance is essential in these situations.


What Happens If You Miss the Deadline?

If you file your lawsuit after the statute of limitations expires, the defendant can file a motion to dismiss — and in nearly every case, the court will grant it.

This means:

  • You lose your right to recover damages, regardless of how strong the evidence is.

  • The insurance company has no incentive to negotiate a settlement, since they know the case can’t go to court.

This is why it’s critical not to delay. Even if you’re still undergoing treatment or unsure if you have a case, reaching out to an attorney as early as possible gives you options.


How The Jones Law Firm P.C. Can Help

At The Jones Law Firm P.C., we provide strategic legal counsel to personal injury victims across Mississippi. We understand that dealing with the legal system can be confusing — especially while you’re recovering from trauma. That’s why we take care of:

  • Evaluating your case and identifying the correct deadline

  • Preserving evidence and interviewing witnesses before memories fade

  • Communicating with insurance companies so you don’t have to

  • Filing the proper paperwork on time and in the correct jurisdiction

  • Fighting for full compensation for medical expenses, lost wages, pain and suffering, and more

We work on a contingency fee basis, so you never pay anything upfront — and you owe us nothing unless we win.


Don’t Wait. Protect Your Rights Today.

When you’ve been injured due to negligence, time isn’t on your side. Evidence fades, witnesses move, and the legal clock keeps ticking. The sooner you act, the stronger your case will be — and the better your chances of a full recovery.

If you or a loved one has been injured in Mississippi, don’t risk missing your opportunity for justice. Contact The Jones Law Firm P.C. today to discuss your case, your rights, and your legal options.


Call us now at (601) 540-2385 or email chad@chadjoneslawpc.com for a free consultation.

personal injury
The Jones Law Firm, PC. is a law firm that primarily focuses on various mass-tort cases and personal injury. Chad Jones is the founder.

Chad Jones

The Jones Law Firm, PC. is a law firm that primarily focuses on various mass-tort cases and personal injury. Chad Jones is the founder.

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