Wrongful Death Deadline vs. Personal Injury Statute of Limitations
Mississippi's default is three years, but several kinds of death claim run on much shorter clocks.
The default: three years
Most wrongful death claims must be filed within three years under Miss. Code 15-1-49. Sources describe the period as running from the date of death, but because the claim exists only if the decedent could have sued, confirm the start date with an attorney.
Shorter clocks
- Intentional acts such as assault or battery: one year.
- Medical malpractice: two years under 15-1-36, with a seven-year outer limit and a pre-suit notice requirement.
- Government defendants: a written notice of claim and a one-year limit under the Tort Claims Act.
How the government deadline works
Under the Tort Claims Act, notice of claim must be given within one year of the injury, and filing it pauses the deadline for 95 days. After the 95 days expire or you receive a denial, you have 90 more days to file suit, and missing that window permanently bars the case.
Compared with an injury claim
An ordinary injury claim by a living plaintiff also gets three years from the injury, so the main difference for a family is the short exceptions above, not the default period.
A local personal injury attorney can review your claim — many offer a free consultation.
Official sources
This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Mississippi's rules apply to your specific case with a licensed Mississippi attorney.