Statutes of Limitation

This is the third in a series of articles about Mississippi statutes of limitation. You can read the first article here and the second article here .

A “tort” is a civil wrong that entitles the injured person to money damages. There are many types of torts. Some are unintentional (such as driving in a negligent manner and causing an automobile accident).

Other torts are, however, intentional. In Mississippi, the statute of limitation on many intentional torts is one year. Specifically, the one-year statute applies to claims for the following:

Mississippi courts have also shown a willingness to make other intentional torts subject to the one-year statute even though they are not listed in the statute.

Mississippi has a rather complex statute of limitation for medical malpractice.

Generally speaking, a lawsuit must be brought within two years from the date of the act of malpractice.

There are some exceptions, such as when the malpractice is fraudulently concealed from the patient. In that case, the statute begins to run from the date the patient discovered the fraud or, with reasonable diligence, should have discovered the fraud.

There is also an exception for certain minors without a parent or legal guardian.

If you think you may have a medical malpractice claim, consult with an attorney in that field. The attorney can help you navigate the complex statute of limitation.

When several people own land and cannot agree on what to do with it, any one of them can seek partition in the courts.

The term “partition” refers to the court dividing the property in proportion to the percentage of ownership of the owners.

Partition can be done in one of two ways. First, the court can order that the land be divided into smaller parcels, with each owner getting a parcel.

Second, the court can order that the land be sold. In that instance, the proceeds from the sale will be divided among the owners.

There are also other instances in which a court may order property sold for one reason or the other.

If one of the owner wants to bring a suit to set aside a sale or partition, he must do so within two years after the buyer at a sale or the taker under the partition decree takes possession of the land.

If you believe you have a claim, do not let the statute of limitation run. Contact the Panter Law Firm for a consultation. 601-607-3156.

Panter Law Firm, PLLC, 7736 Old Canton Road, Suite B, Madison, MS 39110.

www.craigpanterlaw.com\

Craig Painter

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