Mississippi law

Personal Injury Laws in Mississippi.

Mississippi follows a pure comparative fault system — one of the most plaintiff-friendly in the country. Even a plaintiff 99% at fault can recover 1% of damages. The general statute of limitations for personal injury is 3 years. Mississippi caps noneconomic damages at $1,000,000 for general personal injury and $500,000 for medical malpractice. Punitive damages are capped on a sliding scale based on defendant net worth. Mississippi is a fault-based auto insurance state with 25/50/25 minimums. Notably, Mississippi's age of majority is 21, so minors' claims are tolled until age 21.

Last verified: 2026-02-25

State law

Statute of Limitations

3 yearsMiss. Code Ann. § 15-1-49

Personal injury actions must be filed within 3 years from the date of injury. For latent injuries, the cause of action accrues when the injury was or should have been discovered with reasonable diligence.

Exceptions

Discovery Rule — 3 years from discoveryMiss. Code Ann. § 15-1-49(2)

For latent injury or disease, the statute does not begin running until the plaintiff discovers or should have discovered the injury through reasonable diligence.

Minors — Tolled until age 21Miss. Code Ann. § 15-1-59

Mississippi's age of majority is 21 (not 18). The statute is tolled during minority, so a minor injured at birth has until age 24 to file a personal injury claim.

Wrongful Death — 3 years from date of deathMiss. Code Ann. § 11-7-13

Wrongful death actions must be filed within 3 years of the date of death. Actions may be brought by spouse, children, parents, or siblings.

Government Claims — 1 year (with 90-day notice)Miss. Code Ann. § 11-46-11

Claims against the state or political subdivisions require 90-day written notice and must be filed within 1 year of the incident.

State law

Fault & Liability Rules

Pure Comparative FaultMiss. Code Ann. § 11-7-15

Contributory negligence does not bar recovery. Damages are reduced by the plaintiff's percentage of fault. Even a plaintiff 99% at fault can recover 1% of damages. Each defendant pays only their proportional share of fault (several liability), except where defendants acted in concert.

State law

Damage Caps

Non-Economic Damages (General): $1,000,000Miss. Code Ann. § 11-1-60(2)(b)

Noneconomic damages in civil actions other than medical malpractice are capped at $1,000,000. Juries are not informed of the cap; the judge reduces any excess award.

Non-Economic Damages (Medical Malpractice): $500,000Miss. Code Ann. § 11-1-60(2)(a)

Noneconomic damages in medical malpractice actions are capped at $500,000.

Punitive Damages: Sliding scale based on net worthMiss. Code Ann. § 11-1-65

Punitive damages require clear and convincing evidence of actual malice, gross negligence, or fraud. Caps: net worth up to $50M = 2%; $50M–$500M = 1%; $500M–$1B = 0.75%; over $1B = $20M maximum. DUI defendants are exempt from the cap.

State law

Auto Insurance System

Fault (Tort)Miss. Code Ann. § 63-15-43

Mississippi is a fault-based auto insurance state. Minimum liability coverage is 25/50/25 ($25,000 per person, $50,000 per accident bodily injury, $25,000 property damage). No PIP or no-fault requirement.

State law

Key Mississippi Statutes

Several Liability (Modified Joint and Several)Miss. Code Ann. § 85-5-7

For noneconomic damages, liability is several only. For economic damages, defendants less than 30% at fault have several-only liability; defendants 30%+ at fault have joint and several liability up to 50% of recoverable economic damages.

Dram Shop Immunity (with exceptions)Miss. Code Ann. § 67-3-73

Alcohol licensees are generally immune from liability for injuries caused by intoxicated patrons off-premises. Exceptions: serving a visibly intoxicated person, serving by force, or misrepresenting alcohol content.

Wrongful Death ActMiss. Code Ann. § 11-7-13

Actions for wrongful death may be brought by the surviving spouse, children, father, mother, sister, or brother. Recoverable damages include property damages, funeral expenses, medical expenses, and loss of companionship.

State law

Official Sources

Mississippi Legislature Mississippi Courts

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Mississippi.

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