Mississippi Personal Injury Law Resources

Mississippi is one of the few states that follow pure comparative fault, allowing a plaintiff to recover damages even if they are 99% at fault their award is simply reduced by their percentage of fault. The state has a three-year statute of limitations, caps non-economic damages at $500,000 in medical malpractice and $1,000,000 in all other cases, and recently increased its auto insurance minimums from 25/50/25 to 40/80/40 effective January 1, 2025. Mississippi is an at-fault state and does not require PIP or UM/UIM coverage.

Statute of Limitations

General Personal Injury THREE Years

Mississippi provides a three-year statute of limitations for most personal injury claims under Miss. Code § 15-1-49. This applies to motor vehicle accidents, premises liability, product liability, and general negligence. The clock typically starts on the date of injury or the date the injury was or should have been discovered (discovery rule).

Specific Deadlines

Wrongful death: Three years from the date of death.

Medical malpractice: Two years from the date of the alleged act or omission, with a seven-year statute of repose. A discovery rule may extend the two-year period.

Product liability: Three years from the date of injury, subject to a statute of repose.

Property damage: Three years.

Intentional torts: One year from the date of the act.

Government Claims ONE Year

The statute of limitations for claims against the government is very short just one year from the date of injury under Miss. Code § 11-46-11(3). Written notice must be filed within one year as well. This is significantly shorter than the general three-year period.

Tolling

The statute is tolled for minors (until age 18) and persons with legal disability. The discovery rule extends the deadline when the injury was not immediately apparent.

Pure Comparative Fault

Mississippi follows a pure comparative fault rule under Miss. Code § 11-7-15. A plaintiff can recover damages regardless of their percentage of fault, as long as they are not 100% at fault. Damages are simply reduced by the plaintiff's percentage of fault.

This is the most plaintiff-friendly fault system available. A plaintiff who is 90% at fault can still recover 10% of their total damages. Only about a dozen states use pure comparative fault.

Damage Caps

Non-Economic Damage Caps

Mississippi caps non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life) under Miss. Code § 11-1-60:

• Medical malpractice cases: $500,000
• All other personal injury cases: $1,000,000

If the case is tried to a jury, the jury cannot be told about these caps. The judge applies the cap after the verdict if the award exceeds the limit.

Economic damages (medical bills, lost wages, future care) are not capped.

Punitive Damages

Mississippi caps punitive damages and requires a bifurcated trial the jury first decides liability and compensatory damages, then a separate proceeding determines punitive damages. Punitive damages are generally capped at the lesser of 2% of the defendant's net worth or $20,000,000 in cases involving a defendant with a net worth over $100 million, with lower caps for smaller defendants. Punitive damages require proof of actual malice, gross negligence, or reckless disregard.

Government Liability $500,000 Cap

In lawsuits against the government or its employees, all damages (economic and non-economic combined) are capped at $500,000 under Miss. Code § 11-46-15. Punitive damages and attorney's fees are not available against the government unless specifically authorized by law.

Auto Insurance Requirements

Mississippi is an at-fault (tort) state. The driver who caused the accident bears financial responsibility.

Current Minimums 25/50/25 (Statute)

Per Mississippi Code § 63-15-43, the statutory minimums are:

• $25,000 per person for bodily injury
• $50,000 per accident for bodily injury
• $25,000 per accident for property damage

NEW Minimums 40/80/40 (Effective January 1, 2025)

Mississippi enacted legislation raising minimums significantly:

• $40,000 per person for bodily injury (was $25,000)
• $80,000 per accident for bodily injury (was $50,000)
• $40,000 per accident for property damage (was $25,000)

No PIP or UM/UIM Required

Mississippi does not require Personal Injury Protection (PIP) or Uninsured/Underinsured Motorist (UM/UIM) coverage, though both are available as optional coverages.

Accident Reporting

Accidents resulting in injury, death, or significant property damage must be reported to law enforcement.

Where Personal Injury Cases Are Filed

Personal injury lawsuits in Mississippi are filed in Circuit Court, the state's trial court of general jurisdiction. Mississippi has 22 circuit court districts covering 82 counties. County Court handles smaller civil cases in counties that have one. Justice Court handles cases up to $3,500.

Hinds County (Jackson), Harrison County (Gulfport/Biloxi), DeSoto County, Rankin County, and Madison County handle the highest volume of personal injury litigation. Hinds County has historically been considered one of the more plaintiff-friendly venues in the state.

Common Types of Personal Injury Cases in Mississippi

Mississippi's rural character, extensive highway system, petrochemical industry along the Gulf Coast, agricultural economy, and severe weather exposure generate diverse personal injury litigation. Common case types include motor vehicle accidents (particularly on I-55, I-20, I-10, and US 49), commercial truck and 18-wheeler accidents, premises liability, medical malpractice, product liability, oilfield and petrochemical plant injuries, wrongful death, construction accidents, workplace injuries, nursing home abuse and neglect, dog bites, hurricane and storm damage claims, maritime and Jones Act claims (Gulf Coast shipping and offshore operations), railroad crossing accidents, and drunk driving injury claims.

This page provides general legal information about Mississippi personal injury law and is not a substitute for professional legal advice. If you have been injured, consult with a qualified personal injury attorney licensed in Mississippi to discuss the specific facts of your case.