Mississippi Statute of Limitations: Filing Deadlines by Case Type

Mississippi sets a 3-year deadline for most civil claims, including personal injury and breach of contract, under Miss. Code 15-1-49. Most criminal charges carry a 2-year limit under Miss. Code 99-1-5, though serious felonies such as murder and robbery face no deadline at all.

Understanding Mississippi's statute of limitations is critical for anyone involved in a legal dispute in the state. These deadlines determine how long you have to file a lawsuit or how long prosecutors have to bring criminal charges. Missing a deadline can permanently bar your claim or end a prosecution.

This guide covers both civil and criminal statutes of limitations in Mississippi, organized by case type with the relevant code sections cited for each.

Hurt in Mississippi? If you are still within the deadline above, you can estimate what your injury claim may be worth with our free Mississippi personal injury settlement calculator. It gives an instant range based on your medical costs and Mississippi's fault rule (general information, not legal advice).

Mississippi Civil Statute of Limitations

Mississippi's civil statutes of limitations are found in Title 15, Chapter 1 of the Mississippi Code. These laws set firm deadlines for filing lawsuits in state court. The clock typically starts on the date of the incident, although Mississippi recognizes a discovery rule for certain claims.

If you miss the filing deadline, the defendant can raise the statute of limitations as a defense. The court will almost certainly dismiss your case, and your legal claim will be lost permanently.

Personal Injury

Mississippi gives you 3 years to file a personal injury lawsuit. This deadline is set by Miss. Code 15-1-49, the state's general or "catch-all" statute of limitations. The 3-year clock begins on the date the injury occurred.

For injuries that are not immediately apparent (called "latent injuries"), the discovery rule may apply. Under this rule, the clock does not start until you discover or reasonably should have discovered the injury.

Wrongful Death

Wrongful death claims in Mississippi must be filed within 3 years of the date of death. This falls under the same general 3-year rule in Miss. Code 15-1-49.

However, if the wrongful death resulted from medical malpractice, the shorter 2-year medical malpractice deadline under Miss. Code 15-1-36 applies instead.

Medical Malpractice

Medical malpractice claims have a 2-year statute of limitations under Miss. Code 15-1-36. The 2-year period runs from the date the alleged act or omission occurred, or the date it was first discovered or should have been discovered through reasonable diligence.

Mississippi also imposes a 7-year statute of repose for medical malpractice. This means that no matter when you discover the injury, you cannot file a claim more than 7 years after the negligent act took place.

This statute covers claims against physicians, osteopaths, dentists, hospitals, nurses, pharmacists, podiatrists, optometrists, and chiropractors.

Before filing a medical malpractice lawsuit, Mississippi law requires you to give the healthcare provider at least 60 days' written notice of your intent to sue. The notice must describe the legal basis of the claim and the type of loss sustained.

Libel, Slander, and Defamation

Defamation claims in Mississippi must be filed within 1 year of publication under Miss. Code 15-1-35. This applies to both libel (written defamation) and slander (spoken defamation).

This is one of the shortest civil deadlines in Mississippi, so acting quickly is important if you believe you have been defamed.

Property Damage

You have 3 years to file a property damage lawsuit in Mississippi under Miss. Code 15-1-49. This applies to both real property (land and buildings) and personal property (vehicles, electronics, and other belongings).

For latent damage that is not immediately discoverable, the discovery rule may extend the start of the 3-year clock.

Breach of Contract

Mississippi applies a 3-year statute of limitations to breach of contract claims, whether the contract is written or oral. This is governed by Miss. Code 15-1-29.

There is one important exception: an unwritten contract based on employment carries only a 1-year statute of limitations.

Sale of Goods (UCC)

For contracts involving the sale of goods, Mississippi follows the Uniform Commercial Code. Under Miss. Code 75-2-725, the statute of limitations is 6 years from the date the cause of action accrues. This is longer than many other states, which typically allow 4 years under the UCC.

Debt Collection

The statute of limitations on debt in Mississippi is 3 years for open accounts, accounts stated (not acknowledged in writing), and unwritten contracts under Miss. Code 15-1-29.

Once the statute of limitations on a debt expires, a creditor can no longer sue you to collect it. However, the debt itself does not disappear, and it may still appear on your credit report.

Fraud

Fraud claims in Mississippi are subject to the general 3-year statute of limitations under Miss. Code 15-1-49. Because fraud is often not discovered right away, the discovery rule commonly applies. The clock begins when the fraud was discovered or should have been discovered through reasonable diligence.

Trespass

Trespass claims in Mississippi fall under the general 3-year deadline found in Miss. Code 15-1-49.

Product Liability

Product liability claims in Mississippi are governed by the general 3-year statute of limitations under Miss. Code 15-1-49. The clock starts on the date of injury caused by the defective product.

Construction Defects

Mississippi imposes a 6-year statute of repose for claims arising from defects in the design or construction of improvements to real property under Miss. Code 15-1-41. This period runs from the date of written acceptance or occupancy of the improvement.

Judgments

Domestic judgments in Mississippi are enforceable for 7 years from the date of rendition under Miss. Code 15-1-43. Judgments can be renewed before they expire by filing a Notice of Renewal with the clerk of the court that rendered the original judgment.

Foreign judgments (from other states) also carry a 7-year enforcement period under Miss. Code 15-1-45.

Claims Against Government Entities

If your claim is against the State of Mississippi or a political subdivision (city, county, school district), you must file within 1 year under the Mississippi Tort Claims Act, Miss. Code 11-46-11. Filing a notice of claim within that 1-year period will toll the deadline for an additional 95 days.

Summary Table: Civil Statutes of Limitations

Mississippi Criminal Statute of Limitations

Mississippi's criminal statutes of limitations are found in Miss. Code 99-1-5. These laws set the time within which the state must bring criminal charges after a crime is committed.

Mississippi has one of the longest lists of crimes with no statute of limitations in the country. For offenses not specifically listed, the default deadline is 2 years.

Crimes With No Statute of Limitations

The following offenses have no time limit for prosecution in Mississippi. Charges can be brought at any point, regardless of how much time has passed:

• Murder
• Manslaughter
• Aggravated assault
• Aggravated domestic violence
• Kidnapping
• Arson
• Burglary
• Forgery
• Counterfeiting
• Robbery
• Larceny
• Rape
• Embezzlement
• Obtaining money or property under false pretenses or by fraud
• Felonious abuse or battery of a child
• Touching or handling a child for lustful purposes
• Sexual battery of a child
• Exploitation of children
• Promoting prostitution involving a minor
• Human trafficking offenses
• Sexual battery when the accused is identified through DNA testing
• Felonious abuse of vulnerable persons

This is a notably broad list. Many states only exempt murder and a few sexual offenses from their statute of limitations. Mississippi goes further by including property crimes like burglary, robbery, larceny, and forgery.

Felonies With Specific Time Limits

Some felonies have extended deadlines rather than no limit at all:

Misdemeanors

All misdemeanors in Mississippi carry a 2-year statute of limitations. Prosecution must begin within 2 years of the date the offense was committed.

Tolling of the Criminal Statute of Limitations

Mississippi law pauses (tolls) the criminal statute of limitations under specific circumstances:

• Fleeing the state: If the accused is hiding or has left Mississippi, the statute of limitations stops running until they return.
• Indictment issues: If an indictment is lost, destroyed, quashed, or stopped by a defect in the record (other than an acquittal on the merits), the state gets an additional year from the date the indictment was destroyed or the judgment was reversed.

Tolling the Civil Statute of Limitations in Mississippi

Mississippi law provides several circumstances that can pause or extend the civil statute of limitations.

Minors

Under Miss. Code 15-1-59, if a person is under the age of majority when their cause of action arises, the statute of limitations is tolled until they reach adulthood. In Mississippi, the age of majority is 21. This means a minor who is injured at age 15 would have until age 24 to file a personal injury lawsuit (21 plus the 3-year limitation period).

Mental Incapacity

The same statute tolls the limitations period for persons of "unsound mind" at the time the cause of action accrued. The tolling continues until the disability is removed. However, this saving provision can never extend longer than 21 years from the date the cause of action first accrued.

Discovery Rule

For latent injuries, diseases, and fraud, Miss. Code 15-1-49 provides that the cause of action does not accrue until the plaintiff discovers or, through reasonable diligence, should have discovered the injury. This is a significant protection in cases where harm is not immediately apparent.

Why the Statute of Limitations Matters

The statute of limitations exists to promote fairness in the legal system. Over time, evidence deteriorates, witnesses forget details, and documents are lost. These deadlines encourage plaintiffs to bring claims while evidence is still fresh and protect defendants from facing stale claims indefinitely.

For civil cases, missing the deadline means losing your right to sue. For criminal cases, it means the state can no longer prosecute the offense (except for those crimes with no limitation).

If you believe you have a legal claim in Mississippi, consulting with an attorney as early as possible is the best way to protect your rights and make sure you file within the required time frame.

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