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Mississippi · fracture

Fracture settlements
in Mississippi.

By 6 min read

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. For fracture claims specifically, the band is built from the state-by-state tort law · jury verdict reporters · statutory caps framework and then adjusted for Mississippi's pure comparative negligence and any applicable statutory cap.

Mississippi applies pure comparative negligence, which means a fracture claimant who is partly responsible for their own injury still recovers — the award is reduced by the percentage of fault attributed to them, but never barred. This is materially more claimant-friendly than the modified or contributory rules in neighbouring jurisdictions, and it shows up in fracture settlements where comparative fault is contested (the claimant who failed to mitigate, the unbelted occupant, the worker who departed from a safety protocol).

Mississippi's caps (non-economic damages cap (med-mal), non-economic damages cap (general)) apply to the non-economic component of fracture damages and can compress upper-tier verdicts. The exact application depends on the cause of action and the head of damage; the caps section on this page sets out each ceiling and the conditions under which it bites.

band · US federal frame
$15,000 – $80,000
Wrist or arm fracture
Settlement aggregates

The US band is the starting point. Mississippi's fault rule and any applicable cap then adjust the figure.

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.

editorial note

Figures on this page are starting points: the US band adjusted for Mississippi's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Mississippi. See /methodology, /sources, and /disclaimer.