Mississippi applies pure comparative negligence with a $500,000 cap on non-economic damages in medical-malpractice cases and $1 million in other PI claims.
Mississippi operates pure comparative negligence. Non-economic damages are capped at $500,000 in medical malpractice and $1 million in other personal injury actions. The general PI statute of limitations is three years.
Miss. Code Ann. § 15-1-49
Pure comparative negligence, recovery available at any fault percentage.
Caps and ceilings imposed by Mississippi law that bear on settlement values.
Miss. Code Ann. § 11-1-60
Miss. Code Ann. § 11-1-60
The handful of details that distinguish this jurisdiction from its neighbours.
Reported decisions, the limitation clock, and how fault is apportioned for each injury type under Mississippi law.
Reported Mississippi decisions for each injury type, each with a link to the judgment and to the full injury guide.
Honda Downs, a clothing store manager, was rear ended by Dr. Peter Ackerman in September 2007.
whiplash in Mississippi →In November 2007, Dallas McCrary rear ended Marti Bridges while she was stopped; the damage was minor and both said at the scene they were not hurt.
whiplash in Mississippi →In March 2012, Mark Wetzel stopped in a Biloxi travel lane to wait for a turn lane to clear when a taxi hit him from behind.
back & spine in Mississippi →In August 2009, Sanford Warren rear ended the car in which Joe Reel was riding at an intersection in Pearl, and Warren admitted negligence.
back & spine in Mississippi →In August 1997, Otha Stewart, disabled by an earlier stroke, had just gotten off a City of Jackson transport van at her day care center when she fell, despite the driver’s attempt to break her fall, and hit her head on the pavement.
head & brain in Mississippi →In September 2016, a red wasp stung sophomore Christopher Strickland on the head before a cross country race.
head & brain in Mississippi →In February 2013, Owen Bradley and his wife were walking from their condominium to the country club pool when he stepped partly off a pathway that had been resurfaced with asphalt, creating a drop off.
fracture in Mississippi →In January 2017 Curtis Clearman slipped on ice outside a grocery store in Flowood.
fracture in Mississippi →Erica Shae Hill’s pregnancy in 2001 was managed by an obstetric group in Laurel, and her baby, Cameron Chase Hill, died.
medical negligence in Mississippi →Gracie Stephens, a 61 year old diabetic on dialysis, had a catheter placed in her jugular vein; the surgeon accidentally punctured her carotid artery and stitched it.
medical negligence in Mississippi →In August 2010, Bonnie Ryan, a PBX operator and trainer at the Imperial Palace casino, was sitting at her desk when her chair broke.
workplace in Mississippi →Amanda Cleveland, who managed an apartment complex, said a filing cabinet fell on her and caused physical and mental injuries.
workplace in Mississippi →Statutes and rulings that come up again and again in Mississippi injury claims, each with its source.
| Fault rule | Pure comparative fault: contributory negligence “shall not bar a recovery, but damages shall be diminished by the jury in proportion to the amount of negligence attributable to the person injured.”Miss. Code § 11-7-15, as quoted in Howarth v. M & H Ventures (Miss. 2017) |
|---|---|
| Seat belt use | Not wearing a seat belt is not contributory or comparative negligence, and courts keep it from the jury.Miss. Code § 63-2-3; Roberts v. Grafe Auto (Miss. 1997); see our seat belt table |
| Deadline to sue | Three years under the catch all statute of limitations, which governs most personal injury claims.Miss. Code § 15-1-49, as applied in Clearman v. Pipestone Property Services (Miss. Ct. App. 2023) |
| Low verdicts on appeal | An appellate court will not add to a damages verdict unless it is so inadequate that it shows bias, passion or prejudice or is against the overwhelming weight of the evidence.Downs v. Ackerman (Miss. 2013); Reel v. Warren (Miss. Ct. App. 2017) |
| Claims against government | Give notice at least 90 days before suing, within the 1 year limit; Tort Claims Act recovery is capped at $500,000.Miss. Code §§ 11-46-11, 11-46-15; see our notice table |
| Discretionary function immunity | Public bodies are immune for discretionary decisions, such as coaches deciding whether an athlete can compete.Strickland v. Rankin County School District (Miss. Ct. App. 2021) |
| Filing in the wrong court | Filing and dropping a timely federal suit does not extend the time to sue other defendants in state court after three years.Clearman v. Pipestone Property Services (Miss. Ct. App. 2023) |
| Malpractice cap | Noneconomic damages in medical malpractice cases are limited to $500,000 for actions filed on or after 1 September 2004; cases filed earlier are governed by the older law.Miss. Code § 11-1-60(2)(a), as applied in Weber v. Estate of Hill (Miss. 2021) |
How Mississippi compares with its neighbours in the South on fault rule and limitation period.
| Jurisdiction | Fault rule | Limitation |
|---|---|---|
| Mississippi | Pure comparative negligence | 3 years from date of injury |
| Alabama (AL) | Pure contributory negligence | 2 years from date of injury |
| Arkansas (AR) | Modified comparative, 50% bar | 3 years for personal injury; 2 years for medical malpractice |
| Florida (FL) | Modified comparative, 51% bar | 2 years from date of injury (was 4; reduced by HB 837) |
| Georgia (GA) | Modified comparative, 50% bar | 2 years from date of injury |
| Kentucky (KY) | Pure comparative negligence | 1 year for personal injury (one of the shortest in the US) |
| Louisiana (LA) | Modified comparative, 51% bar | 1 year (la prescription), extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024 |
| North Carolina (NC) | Pure contributory negligence | 3 years from date of injury |
| South Carolina (SC) | Modified comparative, 51% bar | 3 years from date of injury |
| Tennessee (TN) | Modified comparative, 50% bar | 1 year from date of injury, among the shortest in the US |
| Texas (TX) | Modified comparative, 51% bar | 2 years from date of injury |
| Virginia (VA) | Pure contributory negligence | 2 years from date of injury |
| West Virginia (WV) | Modified comparative, 51% bar | 2 years from date of injury |
Common questions about personal injury claims in Mississippi, answered with the relevant statutory references.
This page summarises the Mississippi statutory framework as of 2026-05-09. It is not legal advice. Statutes change, published verdicts move, and the position within any band depends on facts the page can't see. For representation, consult an attorney qualified in Mississippi. See /methodology, /sources, and /disclaimer.
