Wrongful Death Statute of Limitations in Mississippi
Last verified 2026-07 · Source: Miss. Code Ann. § 11-7-13; § 11-1-60 ✓ verified · 3 sources
The deadline
3 years
from Date of death, under Miss. Code Ann. § 11-7-13; § 11-1-60.
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The deadline to file a wrongful death lawsuit in Mississippi is 3 years, set by Miss. Code Ann. § 11-7-13; § 11-1-60. It starts running on Date of death. This page covers the exceptions, the government-claim trap, and the steps to take before time runs out.
Mississippi Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Wrongful Death | 3 years | Miss. Code Ann. § 11-7-13; § 11-1-60 |
| Car Accident | 3 yrs | Miss. Code Ann. § 15-1-49 |
| Credit Card Debt | 3 yrs | Miss. Code Ann. § 15-1-29 |
| Medical Malpractice | 2 yrs | Miss. Code § 15-1-36 |
| Personal Injury | 3 yrs | Miss. Code Ann. § 15-1-49 |
| Dog Bite | 3 yrs | Miss. Code Ann. § 15-1-49 |
| Slip and Fall | 3 yrs | Miss. Code Ann. § 15-1-49 |
| Defamation | 1 yr | Miss. Code Ann. § 15-1-35 |
| Breach of Contract | 3 yrs | Miss. Code Ann. § 15-1-49 |
| Medical Debt | 3 yrs | Miss. Code Ann. § 15-1-29 |
When the Clock Starts
In Mississippi, the limitations period for wrongful death claims generally begins on Date of death. Mississippi does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.
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Exceptions That Can Extend the Deadline
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Damage caps: Non-economic damages capped at $1,000,000 in most cases; medical malpractice wrongful death capped at $500,000 for non-economic damages; economic damages uncapped
Three-year SOL applies to negligence-based wrongful death; one-year SOL applies to intentional tort-based wrongful death. Mississippi's official legislature domain (legislature.ms.gov) is not on the pre-approved official domain list; Justia code mirror used for statute_url. Eligible beneficiaries include natural parents, adopted parents, and siblings of the deceased under § 11-7-13.
Source: Miss. Code Ann. § 11-7-13; § 11-1-60, official Mississippi statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Mississippi government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Mississippi Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Mississippi | 3 years | Miss. Code Ann. § 11-7-13; § 11-1-60 |
| Louisiana | 1 yr | La. C.C. Art. 2315.2 |
| Arkansas | 3 yrs | Ark. Code Ann. § 16-62-102 |
| Tennessee | 1 yr | Tenn. Code Ann. § 28-3-104 |
| Alabama | 2 yrs | Ala. Code § 6-5-410 |
Frequently Asked Questions
How long do I have to file a wrongful death lawsuit in Mississippi?
You have 3 years from Date of death, under Miss. Code Ann. § 11-7-13; § 11-1-60.
Can I still sue after 3 years in Mississippi?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
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Sources
- Official Mississippi Code § 11-7-13 (2024) – Actions for Injuries Producing Death – Justia
- Corroborating How Do Wrongful Death Lawsuits Work in Mississippi? – Nolo
- Corroborating Mississippi Civil Statute of Limitations Laws – FindLaw
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Mississippi attorney.