The Statute of Limitations on Tort in Mississippi

The statute of limitations for torts in Mississippi depends on the type of tort involved.

Mississippi's state laws include statutes of limitations for all sorts of civil tort proceedings. The amount of time that has to pass before a tort can no longer be pursued depends on the nature of the tort.

Malpractice

Malpractice lawsuits must be filed within two years of the date the incident occurred. After this date has passed, no legal action can be taken by the victim. The law does accommodate for incidents of malpractice that are discovered after the fact. For instance, a doctor's failure to provide adequate care for an injury or illness may not be immediately ascertained. In these cases, the victim has two years from a reasonable amount of time for the incident to be discovered.

Personal Injury

The statute of limitations on lawsuits regarding personal injury depends on how the injury takes place. If the injury is a result of negligence, then the victim has up to two years to claim a tort. If the injury is a result of a willful act, the victim has only one year to file suit. In most cases where a willful act is involved, criminal charges are probably in the mix as well.

Slander or Defamation

Slander and defamation have short limitations in Mississippi. The victim has only one year to file suit.

Contracts

A suit for breach of a binding contract must be filed within three years of the supposed breach. If the contract regards employment, the limitation is reduced to one year.

Other Torts

Many different types of torts exist and the statute of limitations vary. The above information gives the limitations for some of the most common types of torts. Consult a lawyer for more information about the statute of limitations on your specific situation.

References

• Expert Law: Mississippi Statute of Limitations
• Statute of Limitations: Mississippi