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Time limitations for personal injury claims: What to know

People who have suffered injuries or the loss of a loved one in a fatal accident only have a limited amount of time to file a lawsuit or claim against the careless driver (in car accident cases) or other party whose negligence directly led to the injuries or death. In Mississippi, personal injury claims are subject to statute of limitations that is dependent on the type of injury case.

  • Most personal injury cases that are the result of negligence must be filed within three years from the date on which the injury occurred or the date at which it was determined that the injured person should have been aware of the injury. Car accidents, slip-and-falls and other premises liability, product liability and wrongful death all have a three year statute of limitations.
    • Comparative fault often applies in these cases, where the percent fault is assessed to all parties who may have contributed to the incident.
  • Strict liability cases have a three year statute of limitations. These are cases in which a party's dangerous actions or failure to act directly cause injuries, such as a dog bite case where the owner was not in control of the animal.
  • When an injurious action was intentional, such as in the event of an assault or battery, or defamation, there is a one year time limitation during which a claim can be filed.

Exceptions To Time Constraints

The courts may hear cases that are beyond the established statute of limitations. However, these situations are uncommon, with plaintiffs having to provide evidence of the issues that caused the delay or explanation of why the court should allow the filing of the case past the allotted time.

Specific language of the law can be found in section 15-1-49 of the Mississippi Code. However, it is in your best interests to discuss your case with an attorney who can explain the laws and how they may apply in your case.

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