Mississippi Notice of Claim

Introduction

Key Things to Know

1. 1

   The deadline is strict. The notice must be filed at least 90 days before you sue, and the claim must still fit inside the 1-year limitations period that runs from the date of the tortious conduct. Reading the statute or contacting the entity's clerk or risk management office confirms the current rule.

2. 2

   One statute, Miss. Code Ann. 11-46-11, covers both tracks: state entities and local political subdivisions such as counties and municipalities. The timing rules are the same for all claim types under the Mississippi Tort Claims Act.

3. 3

   The recipient is a named official. For a state entity, only its chief executive officer. For a county, the chancery clerk of the county. For a municipality, the city clerk. For any other political subdivision, its chief executive officer.

4. 4

   The notice must be in writing and delivered in person or by registered or certified United States mail. Keep the receipt, because the 95-day tolling period runs from the official's receipt of the notice.

5. 5

   The notice must give a short and plain statement of the facts, the circumstances that brought about the injury, the extent of the injury, the time and place it occurred, the names of all persons known to be involved, the amount of money damages sought, and your residence at the time of the injury and at the time of filing.

6. 6

   Filing the notice tolls the 1-year limitations period for 95 days from receipt. You cannot sue until you receive a notice of denial or the 95-day period expires, whichever comes first. After that you have an additional 90 days to file suit, and missing that window is an absolute bar.

7. 7

   If the Tort Claims Board's online registry of chief executive officers is incorrect when the notice is served, the 1-year limitations period is tolled until the correct information is listed (Miss. Code Ann. 11-46-20(6)).

Mississippi Requirements for Notice of Claim

• Notice Before Suit

  Miss. Code Ann. 11-46-11: the notice of claim must be filed at least 90 days before instituting suit, within the 1-year limitations period that runs from the date of the tortious conduct.

• Named Recipient

  State entity: its chief executive officer only. County: the chancery clerk. Municipality: the city clerk. Other political subdivision: its chief executive officer (11-46-11(2)(a)).

• Delivery Method

  The notice is in writing and delivered in person or by registered or certified United States mail.

• Tolling and Denial

  Filing tolls the 1-year period for 95 days from receipt. No suit until a notice of denial is received or the 95-day period expires, whichever comes first.

• Suit Deadline After Denial

  The claimant has an additional 90 days to file suit after denial or expiry of the tolling period. Failure is an absolute bar.

• Registry Error Tolling

  Miss. Code Ann. 11-46-20(6): if the Tort Claims Board's online registry of chief executive officers is incorrect when notice is served, the 1-year period is tolled until the correct information is listed.

• Required Contents

  State the facts, the circumstances that brought about the injury, its extent, the time and place, all persons known to be involved, the amount of money damages sought, and your residence at injury and at filing.

• Proof of Delivery

  Close the notice with a delivery line naming the official served, the date, the method and any article or receipt number.