Mississippi Statute of Limitations: 2026 Legal Guide
October 01, 2026
Written by Collin Corcoran
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Mississippi’s general catch-all limit gives most negligence and injury plaintiffs three years from accrual, while medical malpractice claims can close in two. For commercial property owners, a late filing can bar an otherwise valid claim regardless of its merits. Knowing which clock applies, and when it starts, is the first step in protecting that claim.
Key Takeaways
- General limit: Under Miss. Code § 15-1-49, actions with no other prescribed period must be commenced within three years after the cause of action accrued.
- Negligence and property claims: The Mississippi Supreme Court says negligence claims generally fall under that three-year limit, and it has applied the same catch-all to property-damage suits that included trespass and nuisance claims.
- One-year torts: Assault, libel, slander, and similar claims must be filed within one year under Miss. Code § 15-1-35.
- Medical malpractice window: For claims accruing on or after July 1, 1998, suit must be filed within two years of when the act was, or with reasonable diligence might have been, discovered.
- Statute of repose: Medical malpractice claims generally cannot be brought more than 7 years after the alleged act, omission or neglect.
- Pre-suit notice: Professional negligence actions against health care providers require at least 60 days’ prior written notice of intent to sue.
- Discovery rule: For latent injury or disease, accrual waits until the plaintiff discovered the injury or should have discovered it with reasonable diligence.
Personal Injury and Negligence: The Three-Year General Limit
The Catch-All Rule
A valid claim can be lost simply because it was filed late, and Mississippi’s general statute sets the baseline. Under Miss. Code § 15-1-49, all actions for which no other period of limitation is prescribed must be commenced within three years after the cause of action accrued, and not after [1]. The Mississippi Supreme Court has stated that negligence claims generally fall under that three-year statute of limitations [2].
Shorter Deadlines for Specific Claims
Not every claim gets three years. Miss. Code § 15-1-35 gives just one year for actions for assault, assault and battery, maiming, false imprisonment, malicious arrest, menace, slanderous words, failure to employ, and libel [3].
A premises liability incident on your property should be calendared against the shortest plausible deadline until counsel confirms which limitation period applies. Where the dispute is with an insurer rather than a third party, property damage lawyers and public adjusters cover very different stages of the same fight.
Contract and Property Claims Under the Catch-All
Because missed deadlines can cause claims to be lost, commercial property owners need to know what the catch-all covers and what it does not. The Mississippi Supreme Court has applied the three-year catch-all to property-damage suits that included trespass, nuisance, and negligence claims over chemical contamination [4].
The catch-all applies only where no other limitation period is prescribed [1]. A contract dispute may therefore be governed by a different provision. Do not assume the same clock runs on a written agreement and an oral one.
In first-party property claims the policy is the written agreement that matters, and resolving a claim dispute inside the policy through appraisal is often faster than taking it to court.
The sources reviewed for this guide do not quantify separate contract periods. Before relying on the general limit for a contract dispute, confirm the applicable period with Mississippi counsel.
Before a first consultation, gather answers to four questions:
- What date did the loss, injury, or breach occur?
- When did you first discover it, or when should you reasonably have discovered it?
- What type of claim is it?
- Is any defendant a licensed health care provider?
Medical Malpractice Deadlines
Because a missed deadline can end a claim outright, medical malpractice involves several layered clocks in Mississippi.
The Two-Year Filing Window
Under Miss. Code § 15-1-36, a medical malpractice claim against a covered health care provider that accrues on or after July 1, 1998 must be filed within two years of when the act or omission was, or reasonably could have been, discovered.
The clock runs from the date the alleged act, omission or neglect was, or with reasonable diligence might have been, first known or discovered [5].
The rule covers claims against a licensed physician, osteopath, dentist, hospital, institution for the aged or infirm, nurse, pharmacist, podiatrist, optometrist or chiropractor [5].
The Seven-Year Statute of Repose
Mississippi also sets an outer limit. Except in two situations, no malpractice claim may be brought more than 7 years after the alleged act, omission or neglect occurred [5].
The first exception is a foreign object left in the patient’s body, where the claim accrues when the object is or should have been discovered. The second is fraudulent concealment, where the claim accrues when the fraud is or should have been discovered [5].
Discovery Rule and Tolling Exceptions
Late discovery and extended periods are the main reasons a claim that looks time-barred may still be viable. Each exception below depends on documented dates. The insurance side works the same way: with documented dates and the right grounds, a closed commercial claim can sometimes be reopened.
The Latent Injury Discovery Rule
Miss. Code § 15-1-49 addresses latent injury or disease. In actions with no other limitation period, the cause of action does not accrue until the plaintiff has discovered the injury, or by reasonable diligence should have discovered it [1].
Subsection (3) applies the rule to all pending and later-filed actions, and the section was last amended by Laws 1990, ch. 348 [1]. Justia’s copy of the 2025 Mississippi Code is a secondary host of the statute text, so check the official code before filing [1].
Written Notice Extension
Section 15-1-36 requires at least 60 days’ prior written notice of intent to sue before a professional negligence action against a health care provider [5].
If that notice is served within 60 days before the limitations period expires, the deadline is extended 60 days from service [5]. The notice must state the legal basis of the claim and the type of loss, including the nature of the injuries with specificity [5].
Minors and Persons of Unsound Mind
Section 15-1-36 gives extra time to some claimants. A child aged six or younger when the claim is or should have been discovered may sue within two years after his or her sixth birthday [5].
A minor without a parent or legal guardian has two years after gaining one, and that period does not begin before the sixth birthday. A person of unsound mind has two years after the disability ends [5].
Mississippi Filing Deadlines at a Glance
Because a missed deadline can bar a claim, this table puts the verified limits side by side.
| Claim type | Time limit | Statute / Authority |
|---|---|---|
| Negligence and personal injury | Three years from accrual | Miss. Code § 15-1-49; GEICO Casualty Co. v. Stapleton (Miss. 2021) |
| Property damage, trespass, nuisance | Three years | Miss. Code § 15-1-49; Angle v. Koppers, Inc. (Miss. 2010) |
| Assault, libel, slander, and similar torts | One year | Miss. Code § 15-1-35 |
| Latent injury or disease (no other period) | Accrual delayed until discovery | Miss. Code § 15-1-49(2) |
| Medical malpractice (accruing on or after July 1, 1998) | Two years from actual or reasonable discovery | Miss. Code § 15-1-36 |
| Medical malpractice outer limit | 7 years from the act, with two exceptions | Miss. Code § 15-1-36 |
| Pre-suit notice, health care providers | At least 60 days before suit | Miss. Code § 15-1-36 |
Sources for the table: [1][2][3][4][5].
Frequently Asked Questions
How long do I have to file a negligence or injury lawsuit in Mississippi?
Most negligence and injury claims fall under a general three-year limit counted from when the cause of action accrued.[1][2] A shorter deadline tied to a specific claim type may apply — certain tort claims, such as assault or libel, carry a one-year limit.[3]
Does the clock always start on the date of the incident?
Not always. For latent injury or disease, the claim does not accrue until the plaintiff discovered the injury or should have discovered it through reasonable diligence. [1] Keep dated records showing when symptoms or damage first became apparent.
What is the deadline for a medical malpractice claim?
For claims accruing on or after July 1, 1998, the period is two years from when the act was, or reasonably could have been, discovered. [5] A separate outer limit of 7 years applies, with exceptions for foreign objects left in the body and fraudulent concealment. [5]
Can the filing deadline be extended?
In some medical malpractice cases, yes. Serving the required written notice close to expiration can add 60 days, and minors and persons of unsound mind receive additional time. [5] Outside those situations, do not assume an extension is available.
What to Do Before Your Deadline Passes
Mississippi’s deadlines depend on claim type, on when the clock starts, and on whether an exception such as discovery or notice-based extension applies. Record the date of loss and the date of discovery, identify the earliest deadline that could apply, and consult Mississippi counsel early so no claim is barred [1][5].
Minor valuation errors can cost millions, and complex claims require forensic-level analysis. Upload your policy for a free AI-powered policy review and let JustClaims’ AI analysis flag coverage gaps in Business Interruption and Law & Ordinance while your filing options remain open.
This content is for informational purposes only and does not constitute legal or insurance advice. Coverage decisions depend on the specific terms, conditions, and exclusions of each policy and the laws of the applicable jurisdiction; policyholders and contractors should consult with a qualified professional for advice on their particular situation.
Sources
[2] GEICO Casualty Co. v. Stapleton (Miss. 2021) — Justia
Collin Corcoran
Experienced Public Adjuster and Property Claims Specialist, Collin is licensed in New York (#1603393), New Jersey (#3003700204), and Connecticut (#19820270). With 20+ years of hands-on construction and property damage experience, he specializes in residential and commercial claims, complex loss inspections, policy review, detailed estimating, and strategic negotiation. Collin’s background in construction, asset management, emergency response, and claims documentation allows him to accurately identify damage, understand repair requirements, and advocate effectively for policyholders. He works with homeowners, business owners, contractors, and insurance professionals to move claims forward with clarity, accuracy, and confidence. Collin is committed to transparency, technical precision, strong communication, and securing fair outcomes for policyholders.
