Mississippi Personal Injury Laws

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

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

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

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.

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

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.

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.

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.

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.