The Statute of Limitations on Personal Injuries in Mississippi
Under the statutes of Title 15, Chapter 1 in the Mississippi Code, statutes of limitations are imposed on certain claims causing bodily or personal injury. In general, statutes of limitations relating to personal injury claims require that a plaintiff commence legal action based on a given event within the applicable statute of limitations period. In the state of Mississippi, the laws concerning statutes of limitations differ based on the event that is the basis of a suit. Typically, if a plaintiff does not initiate legal action within the statute of limitations period applicable to their claims case, a defendant can prevent the legal action from proceeding.
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Personal Injury
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The statute of limitations period relevant to personal injuries in the state of Mississippi is three years for causes of action related to negligent conduct. For claims arising out of causes of action based on intentional misconduct, the statute of limitations period stands at one year.
Considerations
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Under Mississippi's varied statutes of limitations, a single event causing injury to the plaintiff may afford the claimant the ability to file under one or more other applicable claims if the personal injury statutes of limitations period has expired. By consulting with legal counsel, victims may be able to find another method of filing claims that is more suitable to their incident.
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Relevant Causes of Action
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The term "personal injury" promotes a very broad set of damages that may arise from one or more relevant causes of action. For example, professional malpractice, such as medical malpractice claims, have a statute of limitations period of two years from the reasonable date of discovery of the malpractice, so long as that time is not in excess of seven years. Additionally, product liability claims adhere to a statute of limitations period of three years. Both of the aforementioned causes of action may cause bodily injuries to a plaintiff, which can result in damage claims related to personal injuries.
Accrual of Claims and Late Discovery Rules
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Under statutes of limitations, the time period for filing claims commences once a cause of action occurs with injuries being suffered. In legal terms, the claim accrues at the point cause of action occurred. However, under certain instances, a victim cannot reasonably appreciate the extent of damages derived from a given cause of action until well after an incident occurs. In these cases, statutes in Mississippi code permit suits to be filed under the discovery rule, which allows the statute of limitations period to begin at the time an injury is discovered or a reasonable person would have discovered these injuries. While not applicable to all claims cases, victims should be aware of the ability to make claims past a stated statute of limitations period.
Tolling Statutes of Limitations
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In certain extenuating circumstances, the courts may approve claims past statute of limitations periods in the event of tolling. Common tolling claims relevant to personal injuries include claimants being minors at time of incident and mental incompetency at or after the time of a given incident. Under Mississippi law, all tolling periods cease once a minor reaches the age of 21 and the statute of limitations period starts, except in instances of medical malpractice claims stemming from bodily injuries.
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