Accidents & Injuries in Mississippi

Mississippi Code Annotated Section 15-1-49 provides a three-year statute of limitations for general personal injury claims. For claims against government entities, the Mississippi Tort Claims Act (MCA 11-46-11) requires filing within one year and following specific notice procedures. Missing the government claim deadline can permanently bar your claim.

Under Mississippi Code Annotated Section 11-7-15, Mississippi applies pure comparative fault. Even if you are 80% at fault for an accident, you can still recover 20% of your damages from the other parties. There is no threshold that bars recovery based on your percentage of fault, which is favorable compared to modified comparative fault states.

No. Mississippi is a traditional tort (fault-based) state. The at-fault driver's liability insurance is responsible for compensating injured parties. Mississippi does not require mandatory personal injury protection (PIP) coverage.

Mississippi does not impose a general cap on compensatory damages in most personal injury accident cases. However, non-economic damages in medical malpractice cases are capped at $500,000 under Mississippi Code Section 11-1-60. Government entity claims under the Mississippi Tort Claims Act may be subject to recovery caps. Punitive damages are available but subject to remittitur review by Mississippi courts.