Wrongful Death:
Statute of Limitations:
Three Years. Miss. Code Ann. § 15-1-49
Does discovery rule apply?
Very unclear right now – some wrongful death claims may now be time-barred upon the date of the plaintiff’s death. Judicial activism has run amok in Mississippi. See Patrick J. Schepens, "I'm not dead yet!": An analysis of the recent Supreme Court of Mississippi's Wrongful Death Jurisprudence, 27 Miss. C. L. Rev. 235 (2008)
Who has the right to bring suit?
Personal representative or by any or all of persons entitled to benefit of recovery. Miss. Code Ann. § 11-7-13
Personal Injury:
Statute of Limitations:
Three Years. Miss. Code Ann. § 15-1-49
Does discovery rule apply?
Yes. Miss. Code Ann. § 15-1-49
