Mississippi · Personal injury

Mississippi Personal Injury Deadline, Fault, and Damages Rules

3 years general negligence, product liability, and wrongful death; 2 years medical malpractice.

4 rules checked against governing sourcesSources checked through Jul 3, 2026Inspect the coverage gate

Answer first, sources attached

Four liability rules to check first

Limitations, government notice, fault, and damages rules can change both case selection and the first preservation steps.

Filing deadline

General injury limitation period

3 years general negligence, product liability, and wrongful death; 2 years medical malpractice.

Miss. Code Ann. §§ 15-1-49, 15-1-36.

Verified Jul 3, 2026 · Next review by Jul 3, 2027

Pre-suit notice

Government claim notice

Mississippi Tort Claims Act requires 90 days presuit notice.

Miss. Code Ann. § 11-46-11.

Verified Jul 3, 2026 · Next review by Jul 3, 2027

Recovery threshold

Comparative fault rule

Pure comparative negligence.

Miss. Code Ann. § 11-7-15.

Verified Jul 3, 2026 · Next review by Jul 3, 2027

Remedy limits

Damage caps

Mississippi caps noneconomic damages in medical-malpractice and other civil actions by statute.

Miss. Code Ann. § 11-1-60.

Verified Jul 3, 2026 · Next review by Jul 3, 2027

What changes the answer

The statewide rule is the starting point

  • Claim and defendant typeMedical, product, wrongful-death, government, and other claims may use different clocks.
  • Accrual and discoveryThe event that starts a limitation period can be disputed or claim-specific.
  • Minority, incapacity, and tollingStatutory tolling and repose rules can change or override the general period.
  • Allocation and damages categoryFault thresholds and caps may apply differently by defendant, conduct, and remedy.

For personal injury attorneys

Put the deadline and proof gaps on the matter from day one

DocketBuddy keeps limitations, treatment, liability proof, records, demand posture, liens, and settlement work visible in one client record.

This page reports source-linked state rules and review dates. It does not calculate a deadline, determine eligibility, select a procedure, value a claim, or apply law to an individual situation. Verify the cited authority, local procedure, and current law before relying on a rule.