Mississippi Code

Miss. Code Ann. § 11-46-11 (2026)

Statute of limitations; notice of claim requirements; savings clause in favor of infants and those of unsound mind

✓ current as of July 2026

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(1) After all procedures within a governmental entity have been exhausted, any person having a claim under this chapter shall proceed as he might in any action at law or in equity, except that at least ninety (90) days before instituting suit, the person must file a notice of claim with the chief executive officer of the governmental entity.

(2)
- (a) Service of notice of claim shall be made as follows:
  - (i) For local governments:
    - 1. If the governmental entity is a county, then upon the chancery clerk of the county sued;
    - 2. If the governmental entity is a municipality, then upon the city clerk.
  - (ii) If the governmental entity to be sued is a state entity as defined in Section 11-46-1(j), or is a political subdivision other than a county or municipality, service of notice of claim shall be had only upon that entity's or political subdivision's chief executive officer. The chief executive officer of a governmental entity participating in a plan administered by the board pursuant to Section 11-46-7(3) shall notify the board of any claims filed within five (5) days after receipt thereof.
- (b) Every notice of claim shall:
  - (i) Be in writing;
  - (ii) Be delivered in person or by registered or certified United States mail; and
  - (iii) Contain a short and plain statement of the facts upon which the claim is based, including the circumstances which brought about the injury, the extent of the injury, the time and place the injury occurred, the names of all persons known to be involved, the amount of money damages sought, and the residence of the person making the claim at the time of the injury and at the time of filing the notice.

(3)
- (a) All actions brought under this chapter shall be commenced within one (1) year next after the date of the tortious, wrongful or otherwise actionable conduct on which the liability phase of the action is based, and not after, except that filing a notice of claim within the required one-year period will toll the statute of limitations for ninety-five (95) days from the date the chief executive officer of the state entity or the chief executive officer or other statutorily designated official of a political subdivision receives the notice of claim.
- (b) No action whatsoever may be maintained by the claimant until the claimant receives a notice of denial of claim or the tolling period expires, whichever comes first, after which the claimant has an additional ninety (90) days to file suit; failure to file within the time allowed is an absolute bar to any further proceedings under this chapter.
- (c) All notices of denial of claim shall be served by governmental entities upon claimants by certified mail, return receipt requested, only.
- (d)
  - (i) To determine the running of limitations periods under this chapter, service of any notice of claim or notice of denial of claim is effective upon delivery by the methods statutorily designated in this chapter.
  - (ii) The limitations period provided in this section controls and shall be exclusive in all actions subject to and brought under the provisions of this chapter, notwithstanding the nature of the claim, the label or other characterization the claimant may use to describe it, or the provisions of any other statute of limitations that would otherwise govern the type of claim or legal theory if it were not subject to or brought under the provisions of this chapter.

(4) From and after April 1, 1993, if any person entitled to bring any action under this chapter shall, at the time at which the cause of action accrued, be under the disability of infancy or unsoundness of mind, he may bring the action within the time allowed in this section after his disability shall be removed as provided by law. The savings in favor of persons under disability of unsoundness of mind shall never extend longer than twenty-one (21) years.

Laws, 1984, ch. 495, § 7; reenacted without change, Laws, 1985, ch. 474, § 6; Laws, 1987, ch. 483, § 6; Laws, 1988, ch. 479, § 3; Laws, 1993, ch. 476, § 5; Laws, 1999, ch. 469, § 1; Laws, 2000, ch. 315, § 1; Laws, 2002, ch. 380, § 1; Laws, 2012, ch. 513, § 1, eff. 7/1/2012.

Notes of Decisions

Cited in 465 cases (82 in the last 5 years), 1991–2026 · leading case: Price v. Clark, 21 So. 3d 509 (Miss. 2009).

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Price v. Clark, 21 So. 3d 509 (Miss. 2009). · cites it 211× “ś 21. The Names of All Persons Known to be Involved ś 73.”

Tallahatchie Gen. Hosp. v. Howe, 49 So. 3d 86 (Miss. 2010). · cites it 94× “See Miss. Code Ann. § 11-46-11 (1) (Rev.2002).”

Lee v. Mem'l Hosp. at Gulfport, 999 So. 2d 1263 (Miss. 2008). · cites it 99× “Pursuant to Section 11-46-11 of the Mississippi Code, a notice of claim must be in writing and "delivered in person or by registered or certified mail." Miss.Code Ann. § 11-46-11(2) (Rev.”

South Cent. Reg'l Med. Ctr. v. Guffy, 930 So. 2d 1252 (Miss. 2006). · cites it 81× “The Hospital argued that Guffy's complaint should be dismissed for failure to meet the notice requirements of Miss.Code Ann. § 11-46-11. Guffy did not file a written response to the motion to dismiss.”

Stuart v. Univ. of Mississippi Med. Ctr., 21 So. 3d 544 (Miss. 2009). · cites it 69× “It argued that Stuart's claims should be dismissed for failure to comply with Mississippi Code Section 11-46-11 because Stuart did not wait ninety days after serving the notice of claim before filing the complaint.”

Parker v. Harrison Cnty. Bd. of Sup'rs, 987 So. 2d 435 (Miss. 2008). · cites it 73× “See Miss.Code Ann. § 11-46-11 (Rev.2002). The defendants further asserted that the automobile accident occurred on July 2, 2003, and that the certified notice of claim was given to the Board on January 16, 2004.”

Univ. Med. Ctr. v. Easterling, 928 So. 2d 815 (Miss. 2006). · cites it 29× “Miss.Code Ann. § 11-46-11 (Supp. 1998). The first ninety days of this ninety-five days was designated for the benefit of the defendant to investigate and attempt settlement of the claim prior to facing a lawsuit.”

McDonald v. Mem'l Hosp. at Gulfport, 8 So. 3d 175 (Miss. 2009). · cites it 32× “McDonald gave previous notice of her claim to MHG on March 22, 2004, pursuant to the Mississippi Tort Claims Act, more specifically, Mississippi Code Annotated Section 11-46-11(1) (Rev.2002). ¶ 5. On July 25, 2005, McDonald designated as experts Dr.”

Stockstill v. State, 854 So. 2d 1017 (Miss. 2003). · cites it 29× “2003) [1] applies to the MTCA, thus tolling the exclusive one-year statute of limitations found in Miss.Code Ann. § 11-46-11 (Rev.2002). However, we find that this result is at odds with the texts of Miss.”

Arceo v. Tolliver, 949 So. 2d 691 (Miss. 2006). · cites it 26× “Section 11-46-11 (Supp. 1998). The first ninety days of this ninety-five days was designated for the benefit of the defendant to investigate and attempt settlement of the claim prior to facing a lawsuit.”

Caves v. Yarbrough, 991 So. 2d 142 (Miss. 2008). · cites it 19× “Miss.Code Ann. § 11-46-11 (Rev.2002). ¶ 19.”

Delta Reg'l Med. Ctr. v. Green, 43 So. 3d 1099 (Miss. 2010). · cites it 77× “Miss. Code Ann. § 11-46-11 (Rev.2002). ¶ 9.”

Show all 465 citing cases →

— Miss. Code Ann. § 11-46-11(1) — 166 cases

Price v. Clark, 21 So. 3d 509 (Miss. 2009). “ś 21. The Names of All Persons Known to be Involved ś 73.”

Tallahatchie Gen. Hosp. v. Howe, 49 So. 3d 86 (Miss. 2010). “See Miss. Code Ann. § 11-46-11 (1) (Rev.2002).”

Stuart v. Univ. of Mississippi Med. Ctr., 21 So. 3d 544 (Miss. 2009). “It argued that Stuart's claims should be dismissed for failure to comply with Mississippi Code Section 11-46-11 because Stuart did not wait ninety days after serving the notice of claim before filing the complaint.”

Lee v. Mem'l Hosp. at Gulfport, 999 So. 2d 1263 (Miss. 2008). “Pursuant to Section 11-46-11 of the Mississippi Code, a notice of claim must be in writing and "delivered in person or by registered or certified mail." Miss.Code Ann. § 11-46-11(2) (Rev.”

Univ. Med. Ctr. v. Easterling, 928 So. 2d 815 (Miss. 2006). “Miss.Code Ann. § 11-46-11 (Supp. 1998). The first ninety days of this ninety-five days was designated for the benefit of the defendant to investigate and attempt settlement of the claim prior to facing a lawsuit.”

— Miss. Code Ann. § 11-46-11(1)(2) — 1 case

Lattimore v. City of Laurel, 735 So. 2d 400 (Miss. 1999).

— Miss. Code Ann. § 11-46-11(1)(2002) — 1 case

Little v. Mississippi Dhs, 835 So. 2d 9 (Miss. 2002).

— Miss. Code Ann. § 11-46-11(1)(b)(iii) — 1 case

Moore v. Jackson Pub. Sch. Dist. (S.D. Miss. 2024).

— Miss. Code Ann. § 11-46-11(11) — 1 case

Newton v. Lincoln Cnty., 86 So. 3d 270 (Miss. Ct. App. 2012).

— Miss. Code Ann. § 11-46-11(2) — 67 cases

Price v. Clark, 21 So. 3d 509 (Miss. 2009). “ś 21. The Names of All Persons Known to be Involved ś 73.”

South Cent. Reg'l Med. Ctr. v. Guffy, 930 So. 2d 1252 (Miss. 2006). “The Hospital argued that Guffy's complaint should be dismissed for failure to meet the notice requirements of Miss.Code Ann. § 11-46-11. Guffy did not file a written response to the motion to dismiss.”

Parker v. Harrison Cnty. Bd. of Sup'rs, 987 So. 2d 435 (Miss. 2008). “See Miss.Code Ann. § 11-46-11 (Rev.2002). The defendants further asserted that the automobile accident occurred on July 2, 2003, and that the certified notice of claim was given to the Board on January 16, 2004.”

Arceo v. Tolliver, 949 So. 2d 691 (Miss. 2006). “Section 11-46-11 (Supp. 1998). The first ninety days of this ninety-five days was designated for the benefit of the defendant to investigate and attempt settlement of the claim prior to facing a lawsuit.”

— Miss. Code Ann. § 11-46-11(2)(a) — 2 cases

Chaquita S. Dobbs v. City of Columbus, Mississippi & Dalton T. Conwill, in his Off. capacity as a City of Columbus Police Off. (Miss. Ct. App. 2019).

Stephanie Barnes, Individually & on Behalf of All The Wrongful Death Beneficiaries, & Heirs of Law of Demarcus Brown v. The City of McComb, Mississippi & The City of McComb Police Dep't (Miss. Ct. App. 2026).

— Miss. Code Ann. § 11-46-11(2)(a)(i) — 4 cases

Irene Esco v. Madison Cnty., Mississippi (Miss. Ct. App. 2021).

Robin Seale & Lawrence "JR" Seale v. Mississippi Transp. Comm'n & Pontotoc Cnty. Bd. of Supervisors (Miss. Ct. App. 2026).

Mathews v. City of Booneville, Mississippi (N.D. Miss. 2020).

D.M. v. Forrest Cnty. Sheriff Dep't (S.D. Miss. 2020).

— Miss. Code Ann. § 11-46-11(2)(a)(i)(1) — 1 case

Joiner v. Mississippi Dep't of Corr. (S.D. Miss. 2020).

— Miss. Code Ann. § 11-46-11(2)(a)(ii) — 3 cases

Univ. of Mississippi Med. Ctr. v. Jackie Aycock & Debra Aycock (Miss. 2023).

Boyd v. Posey (S.D. Miss. 2025).

Patterson v. Mississippi Dep't of Mental Health (N.D. Miss. 2023).

— Miss. Code Ann. § 11-46-11(2)(b) — 6 cases

Shawn Richard O'Hara v. City of Hattiesburg, Mississippi, 222 So. 3d 314 (Miss. Ct. App. 2017).

Debra Green v. Singing River Health Sys. (Miss. Ct. App. 2020).

Susan Davis v. Singing River Health Sys.; (Miss. Ct. App. 2020).

Rebecca Butler v. Jim Ray & East Webster High Sch. (Miss. Ct. App. 2020).

Melissa K. Russell v. Booneville Police Dep't (Miss. Ct. App. 2025).

— Miss. Code Ann. § 11-46-11(2)(b)(i) — 1 case

Linares v. City of Southaven (N.D. Miss. 2022).

— Miss. Code Ann. § 11-46-11(2)(b)(iii) — 2 cases

Patterson v. Mississippi Dep't of Mental Health (N.D. Miss. 2023).

Franklin v. City of Indianola, Mississippi (N.D. Miss. 2024).

— Miss. Code Ann. § 11-46-11(3) — 123 cases

McDonald v. Mem'l Hosp. at Gulfport, 8 So. 3d 175 (Miss. 2009). “McDonald gave previous notice of her claim to MHG on March 22, 2004, pursuant to the Mississippi Tort Claims Act, more specifically, Mississippi Code Annotated Section 11-46-11(1) (Rev.2002). ¶ 5. On July 25, 2005, McDonald designated as experts Dr.”

Barnes v. Singing River Hosp. Sys., 733 So. 2d 199 (Miss. 1999).

Copiah Cnty. Sch. Dist. v. Buckner, 61 So. 3d 162 (Miss. 2011).

Delta Reg'l Med. Ctr. v. Green, 43 So. 3d 1099 (Miss. 2010). “Miss. Code Ann. § 11-46-11 (Rev.2002). ¶ 9.”

— Miss. Code Ann. § 11-46-11(3)(a) — 22 cases

William T. Kelly v. Corinth Pub. Utils. Comm'n, 200 So. 3d 1107 (Miss. Ct. App. 2016).

Madra K. Lyas v. Forrest Gen. Hosp., 177 So. 3d 412 (Miss. 2015).

Jane Doe v. Holmes Cnty. Sch. Dist., 246 So. 3d 920 (Miss. Ct. App. 2018).

City of Tupelo, Mississippi v. Terry Y. McMillin, 192 So. 3d 948 (Miss. 2016).

H. Kenneth Lefoldt, Jr v. Donald Rentfro, 241 So. 3d 565 (Miss. 2017).

— Miss. Code Ann. § 11-46-11(3)(b) — 9 cases

Univ. of Mississippi Med. Ctr. v. Kim Hampton, 227 So. 3d 1138 (Miss. Ct. App. 2016).

Greenwood Leflore Hosp. & John F. Lucas, III, In His Rep. Capacity v. Roxanne Watson (Miss. 2021).

Univ. of Mississippi Med. Ctr. v. Genevieve Jensen (Miss. 2022).

Aelicia L. Thomas v. Bolivar Cnty., Mississippi (Miss. 2023).

John Prystupa v. Rankin Cnty. Bd. of Supervisors & Pearl River Valley Water Supply Dist. (Miss. Ct. App. 2022).

— Miss. Code Ann. § 11-46-11(3)(d)(ii) — 1 case

Aelicia L. Thomas v. Bolivar Cnty., Mississippi (Miss. 2023).

— Miss. Code Ann. § 11-46-11(4) — 17 cases

Caves v. Yarbrough, 991 So. 2d 142 (Miss. 2008). “Miss.Code Ann. § 11-46-11 (Rev.2002). ¶ 19.”

Univ. of Miss. Med. Ctr. v. Robinson, 876 So. 2d 337 (Miss. 2004).

Stockstill v. State, 854 So. 2d 1017 (Miss. 2003). “2003) [1] applies to the MTCA, thus tolling the exclusive one-year statute of limitations found in Miss.Code Ann. § 11-46-11 (Rev.2002). However, we find that this result is at odds with the texts of Miss.”

Kimball Glassco Residential Ctr., Inc. v. Shanks, 64 So. 3d 941 (Miss. 2011).

Blailock ex rel. Blailock v. Hubbs, 919 So. 2d 126 (Miss. 2005).

— Miss. Code Ann. § 11-46-11(9) — 2 cases

Tallahatchie Gen. Hosp. v. Howe, 49 So. 3d 86 (Miss. 2010). “See Miss. Code Ann. § 11-46-11 (1) (Rev.2002).”

Tallahatchie Gen. Hosp. v. Susan Edwards Howe (Miss. 2009).

— Miss. Code Ann. § 11-46-11(a) — 1 case

Culberson v. Clay Cnty. (N.D. Miss. 2023).

— Miss. Code Ann. § 11-46-11(b) — 1 case

Culberson v. Clay Cnty. (N.D. Miss. 2023).

— Miss. Code Ann. § 11-46-11(f) — 2 cases

Pickens v. Donaldson, 748 So. 2d 684 (Miss. 1999).

Leslie Pickens v. John Joel Donaldson (Miss. 1998).

— Miss. Code Ann. § 11-46-11(i) — 1 case

Hous. Auth. of the City of Jackson v. Mario D. Lampley (Miss. 1997).

— Miss. Code Ann. § 11-46-11(j) — 1 case

Harris v. Mississippi Valley State Univ., 873 So. 2d 970 (Miss. 2004).

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