Mississippi · Wrongful death · Updated
Wrongful death cases in Mississippi: the rules and the lawyers
The deadline to file, the fault rule and the other Mississippi rules that matter for a wrongful death case, each with the law it comes from. This is general information, not advice about your case.
We don’t list firms in Mississippi that take wrongful death cases yet.
At a glance
Checked 6 Nov 2026 · Not legal advice
Deadline to file
We don’t show Mississippi’s deadline here until we have checked it against the official text. Ask a lawyer, or each firm you call, which deadline applies to you.
Also for wrongful death cases: Wrongful death (Follows the underlying tort). In Mississippi, a wrongful-death claim takes the limitations period of the wrongful acts that caused the death: the Supreme Court held that the statute of limitations on bringing a wrongful death claim is subject to, and limited by, the statute of limitations associated with the claims of specific wrongful acts which allegedly led to the wrongful death1.
If you were partly at fault
We don’t show Mississippi’s rule for shared fault here until we have checked it against the official text. If you may have been partly at fault, ask a lawyer how that affects your claim.
Firms we list
0 firms
None yet for wrongful death cases.
Know this first
Step 1: Your deadline to file in court
We don’t show Mississippi’s deadline here until we have checked it against the official text. Ask a lawyer, or each firm you call, which deadline applies to you.
When the clock starts, and whether an exception applies, can depend on the facts. A lawyer can tell you your exact date.
The law, as written
Personal injury and property damage (negligence)3 years
In Mississippi, an action with no other prescribed limitations period must be commenced within three years after the cause of action accrued2.
If a family member died
Step 2: If someone died
A claim for a death can have its own deadline, and it may start on a different day. Here is the rule as the research found it.
The law, as written
Wrongful deathFollows the underlying tort
In Mississippi, a wrongful-death claim takes the limitations period of the wrongful acts that caused the death: the Supreme Court held that the statute of limitations on bringing a wrongful death claim is subject to, and limited by, the statute of limitations associated with the claims of specific wrongful acts which allegedly led to the wrongful death1.
If a government body was involved
Step 3: Claims against the state or a local government
If a government vehicle, government property or a public employee was part of what happened, a shorter notice or claim step may come first. Ask a lawyer about it early.
The law, as written
Claims against the state and local governments (Tort Claims Act)1 year; notice 90 days before suit
Under the Mississippi Tort Claims Act, a claimant must file a notice of claim with the chief executive officer of the governmental entity at least 90 days before suing3, and suit is generally due within one year3.
More detail
The tolling period has differed by version and by entity type: opinions quoting the 2002 text show 95 days after the chief executive officer of a state entity receives the notice and 120 days for a municipality, county or other political subdivision, and later versions quoted in opinions show 95 days; 2026 S.B. 2031 (as passed the Senate) would make the period 95 days for both.
How fault is counted
Step 4: If you were partly at fault
We don’t show Mississippi’s rule for shared fault here until we have checked it against the official text. If you may have been partly at fault, ask a lawyer how that affects your claim.
If they were a minor
Step 5: If the injured person is a child
The clock can run differently for a child’s claim.
The law, as written
Next
Step 6: What to do with this
- Write down the datesThe day you were hurt, the day treatment ended, and anything a government body or hospital sent you.
- Ask a lawyer about your factsThese rules have exceptions that depend on details. A lawyer licensed in Mississippi can tell you which ones apply.
- Ask each firmWhich deadline applies to me, does a notice need to go out, and by when?
More Mississippi rules
This page keeps to the rules that matter most for a wrongful death case. The Mississippi page has all of them.
Injured in Mississippi: all deadlines and rules
Other case types in Mississippi:
After a wrongful death: the general guide
If someone in your family died because of another person’s carelessness: what a wrongful-death claim is, who can bring it, how it differs from a survival claim, getting records, and the deadline.
How to check a lawyer’s license in Mississippi
Each state keeps a public list of lawyers. Before you hire anyone, look the lawyer up by name and read what the listing says about their license. If it isn’t clear, call the office that keeps the list.
How we list firms
How we list firms
We don’t rank firms. Listing is free and doesn’t depend on buying anything.
Firms are listed for free, in A–Z order, when they say they take wrongful death cases. Every fact shows its source and date. We don’t recommend lawyers, and we don’t pass on your details.
Sources
Where the legal facts on this page come from
- Jenkins v. Pensacola Health Trust, Inc., 933 So. 2d 923 (Miss. 2006)Read the source: Jenkins v. Pensacola Health Trust, Inc., 933 So. 2d 923 (Miss. 2006)
- Miss. Code Ann. § 15-1-49Read the source: Miss. Code Ann. § 15-1-49
- Miss. Code Ann. § 11-46-11 (Mississippi Tort Claims Act — notice and limitations)Read the source: Miss. Code Ann. § 11-46-11 (Mississippi Tort Claims Act — notice and limitations)
- Miss. Code Ann. § 15-1-59Read the source: Miss. Code Ann. § 15-1-59
- Pioneer Community Hospital of Newton v. Roberts, 214 So. 3d 259 (Miss. 2017)Read the source: Pioneer Community Hospital of Newton v. Roberts, 214 So. 3d 259 (Miss. 2017)
This is general information, not legal advice.