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★ Mississippi · fracture

Fracture settlements
in Mississippi.

By Reviewed by Abd Shanti, Founder9 min read

A man who stepped off a resurfaced path at a Diamondhead country club and broke his femur, needing an 18 inch rod, lost his case before trial. A shopper who slipped on ice outside a Flowood grocery store sued the store on time, but his later claims against the snow removal contractors came after three years and were barred.

Facts that decide a fracture claim in Mississippi

Deadline to sueThree 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)
Filing in the wrong courtFiling 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)
Claims against governmentGive 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
united states · sister site
Your fracture claim in Mississippi. See the number for your own case.

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★ MS · reported fracture outcomes

What Mississippi courts have awarded.

Real Mississippi decisions and verdicts, each linked to the court record or official report.

  • Bradley v. Diamondhead Country Club
    Mississippi Court of Appeals · 2019
    Summary judgment for defendant affirmed

    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. He suffered a comminuted femur fracture and had an 18 inch metal rod placed from his pelvis to his knee, followed by months of therapy. He sued for $1,500,000. The trial court granted summary judgment to the property owners association, and the Court of Appeals affirmed.

  • Clearman v. Pipestone Property Services
    Mississippi Court of Appeals · 2023
    Claims against contractors barred

    In January 2017 Curtis Clearman slipped on ice outside a grocery store in Flowood. He sued the store in federal court within three years but later dismissed that case, then sued in state court, adding the contractor and subcontractor that handled snow and ice removal, in March 2020. The court held the claims against the contractors were barred by the three year statute.

★ MS · fracture · in practice

What changes the number here.

What actually moves a fracture settlement in Mississippi.

  1. 1

    Name every possible defendant within three years, including contractors who handled the hazard.

  2. 2

    Changes in walking surfaces are not automatically negligence; Bradley’s claim ended at summary judgment.

  3. 3

    Public property claims need notice at least 90 days before suing.

★ MS · statute of limitations
3 years from date of injury

Miss. Code Ann. § 15-1-49

★ MS · fault rule
Pure comparative negligence

Pure comparative negligence, recovery available at any fault percentage.

★ MS · caps

What caps recovery.

Statutory caps that may bear on a fracture settlement in Mississippi.

★ fracture · same region & fault regime

Compare to like jurisdictions.

How Mississippi's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for fracture claims.

JurisdictionFault ruleLimitationFracture page
Mississippi · you are herePure comparative negligence3 years from date of injury—
North CarolinaPure contributory negligence3 years from date of injuryNC · fracture →
South CarolinaModified comparative, 51% bar3 years from date of injurySC · fracture →
TennesseeModified comparative, 50% bar1 year from date of injury, among the shortest in the USTN · fracture →
TexasModified comparative, 51% bar2 years from date of injuryTX · fracture →
VirginiaPure contributory negligence2 years from date of injuryVA · fracture →
West VirginiaModified comparative, 51% bar2 years from date of injuryWV · fracture →
MissouriPure comparative negligence5 years for personal injury; 2 years for medical malpracticeMO · fracture →
New MexicoPure comparative negligence3 years from date of injuryNM · fracture →
New YorkPure comparative negligence3 years for personal injury; 2 years 6 months for medical malpracticeNY · fracture →
Rhode IslandPure comparative negligence3 years from date of injuryRI · fracture →
MontanaModified comparative, 51% bar3 years from date of injuryMT · fracture →
NebraskaModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeNE · fracture →
★ MS · fracture · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

united states · sister site
Hurt in a car crash in Mississippi? See what your own claim could be worth.

FairSettlement, our US sister site, gives you a free estimate in about two minutes. No cost and no obligation.

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Sources

Checked 2026-09-29.

★ all of MS
Mississippi overview

Fault rule, statute, caps, and key facts for Mississippi as a whole.

★ national frame
Fracture in United States

Fracture band structure and severity tiers at the US level.

★ all 15 countries
Fracture · everywhere

Cross-jurisdiction comparison of fracture bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Mississippi. See /methodology, /sources, and /disclaimer.