Mississippi Personal Injury Laws: Deadlines to Sue, Fault Rules and Damage Caps
Mississippi injury rules: deadline to sue, medical malpractice and wrongful death time limits, comparative fault, damage caps, dog bites and auto insurance minimums.
Quick answers for Mississippi
- Deadline to sue for an injury
- Three years. Actions with no other specific limitation period, which includes most negligence personal injury claims, must be filed within three years after the cause of action accrues. Miss. Code Ann. § 15-1-49
- Fault rule (comparative negligence)
- Pure comparative negligence. In actions for personal injury, death or property damage, the injured person's contributory negligence does not bar recovery; the jury reduces damages in proportion to that person's share of negligence. Miss. Code Ann. § 11-7-15
- Wrongful death deadline
- The wrongful death statute does not state its own deadline; the general three-year limitation period for actions with no other prescribed period applies to most wrongful death claims. Miss. Code Ann. §§ 11-7-13, 15-1-49, 15-1-36
- Minimum car insurance
- Every motor vehicle operated in the state must have liability insurance of at least $25,000 per person and $50,000 per accident for bodily injury and $25,000 for property damage. Miss. Code Ann. §§ 63-15-4(2)(a), 63-15-3(j)
Last verified: 2026-10-27
Deadlines to file
| Deadline to sue for an injury | Three years. Actions with no other specific limitation period, which includes most negligence personal injury claims, must be filed within three years after the cause of action accrues. For latent injuries or diseases, the time starts when the injury is discovered or reasonably should have been discovered. Source: Miss. Code Ann. § 15-1-49 |
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| Deadline to sue for property damage | Three years under the general limitation period for actions with no other prescribed period. Source: Miss. Code Ann. § 15-1-49 |
| Medical malpractice deadline | Two years from the date the act, omission or neglect was discovered or reasonably should have been discovered, and (for claims accruing on or after July 1, 1998) no more than seven years after it occurred. The seven-year limit does not apply to a foreign object left in the body or to fraudulent concealment. Special extensions apply to young children and minors without a parent or guardian. This applies to licensed physicians, dentists, hospitals, nurses, pharmacists and certain other providers, including wrongful death claims arising from their services. Source: Miss. Code Ann. § 15-1-36 |
| Wrongful death deadline | The wrongful death statute does not state its own deadline; the general three-year limitation period for actions with no other prescribed period applies to most wrongful death claims. Wrongful death claims arising from medical services fall under the two-year medical malpractice limit. Application of the three-year period to wrongful death is based on court decisions; confirm for a specific case. |
| Suing the government | Under the Mississippi Tort Claims Act, a written notice of claim must be delivered (in person or by registered or certified mail) at least 90 days before filing suit: to the chancery clerk for a county, the city clerk for a city, or the chief executive officer for a state entity or other political subdivision. The notice must describe the facts, injury, time and place, people involved, amount sought and the claimant's residence. The lawsuit must be filed within one year after the conduct; filing the notice within that year pauses the deadline for 95 days, and after denial or the end of that period the claimant has 90 more days to sue. Liability is capped at $500,000 for all claims from a single occurrence (for acts on or after July 1, 2001), with no punitive damages or pre-judgment interest. Cap: https://codes.findlaw.com/ms/title-11-civil-practice-and-procedure/ms-code-sect-11-46-15.html |
Fault and damages
| Fault rule (comparative negligence) | Pure comparative negligence. In actions for personal injury, death or property damage, the injured person's contributory negligence does not bar recovery; the jury reduces damages in proportion to that person's share of negligence. Source: Miss. Code Ann. § 11-7-15 |
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| Damage caps | Yes. In civil actions filed on or after September 1, 2004 (other than medical malpractice), noneconomic damages (pain, suffering, emotional distress, loss of consortium, disfigurement and similar losses) may not exceed $1,000,000. The jury is not told about the cap; the judge reduces any award above it. Economic damages are not capped. |
| Medical malpractice caps | Yes. In malpractice actions against health care providers filed on or after September 1, 2004, noneconomic damages may not exceed $500,000. Source: Miss. Code Ann. § 11-1-60(2)(a) |
| Punitive damages | Allowed only if the plaintiff proves by clear and convincing evidence that the defendant acted with actual malice, gross negligence showing willful, wanton or reckless disregard for others' safety, or actual fraud. The jury first decides compensatory damages; punitive damages are considered only if compensatory damages are awarded. Caps are based on the defendant's net worth: $20 million (net worth over $1 billion), $15 million (over $750 million), $5 million (over $500 million), $3.75 million (over $100 million), $2.5 million (over $50 million), or 2% of net worth (net worth of $50 million or less). Governmental entities are not liable for punitive damages. |
Wrongful death
| Who can sue for wrongful death | Only one suit may be brought for a death, for the benefit of all entitled. It may be filed by the personal representative of the person who died, or by the surviving spouse, a parent, a child, or a brother or sister (for a sibling's death), or all interested parties may join. A claim exists if the person who died left a widow, children, husband, father, mother, sister or brother. The jury may award all damages of every kind to the person who died and to all interested parties. Source: Miss. Code Ann. § 11-7-13 |
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| Wrongful death deadline | The wrongful death statute does not state its own deadline; the general three-year limitation period for actions with no other prescribed period applies to most wrongful death claims. Wrongful death claims arising from medical services fall under the two-year medical malpractice limit. Application of the three-year period to wrongful death is based on court decisions; confirm for a specific case. |
Car accidents and dog bites
| Reporting a crash to police | A driver in a crash causing injury, death, or apparent total property damage of $500 or more must immediately notify police by the quickest means available: the local police department if inside an incorporated city, otherwise the nearest sheriff's office or highway patrol station. If the driver is physically unable, another capable occupant must make the report. Police, sheriffs or the highway patrol investigate these crashes and forward a written report within 6 days. Mirror source (FindLaw, marked current as of January 1, 2025). The Department of Public Safety may require drivers to file supplemental reports and may require witness reports (§ 63-3-411(2)). |
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| Leaving the scene (hit and run) | A driver in a crash causing injury, death, or damage to an attended vehicle must stop at or return to the scene and stay until giving name, address and registration number, showing a license on request, and giving reasonable help to anyone injured, including arranging transport for medical care. A driver who gives emergency care in good faith and with reasonable care is not liable for civil damages for that care. For an unattended vehicle, the driver must find the owner or leave a note with names, addresses and what happened. Willfully leaving an injury crash: 30 days to 1 year in jail and/or a $100 to $5,000 fine. Willfully leaving a crash that causes death or serious maiming or permanent disability: a felony with 5 to 20 years in prison and/or a $1,000 to $10,000 fine. The license is revoked for these convictions. Leaving a damage-only crash with an attended vehicle is a misdemeanor. Mirror source (FindLaw, marked current as of January 1, 2025). Information and aid: https://codes.findlaw.com/ms/title-63-motor-vehicles-and-traffic-regulations/ms-code-sect-63-3-405/ |
| Minimum car insurance | Every motor vehicle operated in the state must have liability insurance of at least $25,000 per person and $50,000 per accident for bodily injury and $25,000 for property damage. Limits: https://codes.findlaw.com/ms/title-63-motor-vehicles-and-traffic-regulations/ms-code-sect-63-15-3.html |
Slip, trip and fall injuries
| Sidewalk falls: who is responsible | Under the Mississippi Tort Claims Act, a government entity is not liable for an injury from a dangerous condition on its property that its employees did not cause, unless it had actual or constructive notice and an adequate chance to protect against or warn of it, and it is not liable for failing to warn of a dangerous condition that is obvious to a person using due care. It is also not liable for injuries caused solely by the effect of weather on the use of streets and highways. The sections read do not mention sidewalks specifically or say whether the owner of property next to a sidewalk is responsible. Read on codes.findlaw.com (a public copy of the official code); check against the official code. |
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| Claims against a city or county | The Mississippi Tort Claims Act covers both the state and local governments. At least 90 days before suing, the injured person must deliver a written notice of claim in person or by registered or certified mail (for a county to the chancery clerk, for a city to the city clerk, and for other political subdivisions to the chief executive officer), stating how and when the injury happened, its extent, the people involved, the damages sought and the claimant's residence. Suit must generally be filed within one year; filing the notice pauses that period for 95 days, and after a denial or the end of that pause the claimant has 90 days to sue. Liability for all claims from one occurrence is capped at $500,000, with no punitive damages or prejudgment interest. Read on codes.findlaw.com (a public copy of the official code); check against the official code. |
Motorcycle, pedestrian, bicycle, Uber/Lyft and truck crashes
| Motorcycle helmet law | Every person operating or riding on a motorcycle or motor scooter on Mississippi public roads must wear a crash helmet meeting federal safety standard FMVSS 218, regardless of age. Exceptions cover autocycle operators and parade riders who are 18 or older and going no faster than 30 mph. The section does not say whether not wearing a helmet affects damages in a lawsuit. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: Miss. Code Ann. §63-7-64 |
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| Pedestrian right-of-way | Where traffic signals are not in place or not working, drivers must yield (slowing or stopping if needed) to a pedestrian crossing in a marked crosswalk or an unmarked crosswalk at an intersection, and may not pass a vehicle stopped at a crosswalk for a pedestrian. A pedestrian crossing anywhere else must yield to all vehicles, and between adjacent intersections with working traffic signals may cross only in a marked crosswalk. Read on codes.findlaw.com (a public copy of the official code); check against the official code. |
| Bicycle laws | A driver passing a bicyclist must leave at least 3 feet of clearance and keep it until safely past. A driver may pass a bicycle in a no-passing zone only when it is safe, and after passing a bicyclist may not turn right unless the turn can be made with reasonable safety. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: Miss. Code Ann. §63-3-1309 |
Construction accidents
| Construction site injuries | Mississippi's workers' compensation law sets the general rule for construction injuries. An employer that has secured workers' compensation is liable only for compensation, which replaces all other liability to the worker. The worker may still sue a third party (someone other than the employer) whose fault caused the injury, and accepting compensation does not affect that right; the employer or insurer is repaid from the recovery after collection costs. Read on codes.findlaw.com (a public copy of the official code); check against the official code. No search for a scaffold-type statute was done; no absence claim is made. |
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Personal Injury & Wrongful Death FAQ
What is the statute of limitations for personal injury in Mississippi?
Three years. Actions with no other specific limitation period, which includes most negligence personal injury claims, must be filed within three years after the cause of action accrues. For latent injuries or diseases, the time starts when the injury is discovered or reasonably should have been discovered.
How long do you have to sue for property damage in Mississippi?
Three years under the general limitation period for actions with no other prescribed period.
What is the statute of limitations for medical malpractice in Mississippi?
Two years from the date the act, omission or neglect was discovered or reasonably should have been discovered, and (for claims accruing on or after July 1, 1998) no more than seven years after it occurred. The seven-year limit does not apply to a foreign object left in the body or to fraudulent concealment. Special extensions apply to young children and minors without a parent or guardian. This applies to licensed physicians, dentists, hospitals, nurses, pharmacists and certain other providers, including wrongful death claims arising from their services.
How long do you have to file a wrongful death lawsuit in Mississippi?
The wrongful death statute does not state its own deadline; the general three-year limitation period for actions with no other prescribed period applies to most wrongful death claims. Wrongful death claims arising from medical services fall under the two-year medical malpractice limit.
Who can file a wrongful death lawsuit in Mississippi?
Only one suit may be brought for a death, for the benefit of all entitled. It may be filed by the personal representative of the person who died, or by the surviving spouse, a parent, a child, or a brother or sister (for a sibling's death), or all interested parties may join. A claim exists if the person who died left a widow, children, husband, father, mother, sister or brother. The jury may award all damages of every kind to the person who died and to all interested parties.
Can you recover damages if you were partly at fault in Mississippi?
Pure comparative negligence. In actions for personal injury, death or property damage, the injured person's contributory negligence does not bar recovery; the jury reduces damages in proportion to that person's share of negligence.
Does Mississippi cap damages in personal injury cases?
Yes. In civil actions filed on or after September 1, 2004 (other than medical malpractice), noneconomic damages (pain, suffering, emotional distress, loss of consortium, disfigurement and similar losses) may not exceed $1,000,000. The jury is not told about the cap; the judge reduces any award above it. Economic damages are not capped.
Is there a cap on medical malpractice damages in Mississippi?
Yes. In malpractice actions against health care providers filed on or after September 1, 2004, noneconomic damages may not exceed $500,000.
When can you get punitive damages in Mississippi?
Allowed only if the plaintiff proves by clear and convincing evidence that the defendant acted with actual malice, gross negligence showing willful, wanton or reckless disregard for others' safety, or actual fraud. The jury first decides compensatory damages; punitive damages are considered only if compensatory damages are awarded. Caps are based on the defendant's net worth: $20 million (net worth over $1 billion), $15 million (over $750 million), $5 million (over $500 million), $3.75 million (over $100 million), $2.5 million (over $50 million), or 2% of net worth (net worth of $50 million or less). Governmental entities are not liable for punitive damages.
How do you file an injury claim against the government in Mississippi?
Under the Mississippi Tort Claims Act, a written notice of claim must be delivered (in person or by registered or certified mail) at least 90 days before filing suit: to the chancery clerk for a county, the city clerk for a city, or the chief executive officer for a state entity or other political subdivision. The notice must describe the facts, injury, time and place, people involved, amount sought and the claimant's residence. The lawsuit must be filed within one year after the conduct; filing the notice within that year pauses the deadline for 95 days, and after denial or the end of that period the claimant has 90 more days to sue. Liability is capped at $500,000 for all claims from a single occurrence (for acts on or after July 1, 2001), with no punitive damages or pre-judgment interest.
What is the minimum car insurance required in Mississippi?
Every motor vehicle operated in the state must have liability insurance of at least $25,000 per person and $50,000 per accident for bodily injury and $25,000 for property damage.
When do you have to report a car accident to the police in Mississippi?
A driver in a crash causing injury, death, or apparent total property damage of $500 or more must immediately notify police by the quickest means available: the local police department if inside an incorporated city, otherwise the nearest sheriff's office or highway patrol station. If the driver is physically unable, another capable occupant must make the report. Police, sheriffs or the highway patrol investigate these crashes and forward a written report within 6 days.
What are your duties after a car accident in Mississippi?
A driver in a crash causing injury, death, or damage to an attended vehicle must stop at or return to the scene and stay until giving name, address and registration number, showing a license on request, and giving reasonable help to anyone injured, including arranging transport for medical care. A driver who gives emergency care in good faith and with reasonable care is not liable for civil damages for that care. For an unattended vehicle, the driver must find the owner or leave a note with names, addresses and what happened. Willfully leaving an injury crash: 30 days to 1 year in jail and/or a $100 to $5,000 fine. Willfully leaving a crash that causes death or serious maiming or permanent disability: a felony with 5 to 20 years in prison and/or a $1,000 to $10,000 fine. The license is revoked for these convictions. Leaving a damage-only crash with an attended vehicle is a misdemeanor.
Who is liable if you trip and fall on a sidewalk in Mississippi?
Under the Mississippi Tort Claims Act, a government entity is not liable for an injury from a dangerous condition on its property that its employees did not cause, unless it had actual or constructive notice and an adequate chance to protect against or warn of it, and it is not liable for failing to warn of a dangerous condition that is obvious to a person using due care. It is also not liable for injuries caused solely by the effect of weather on the use of streets and highways. The sections read do not mention sidewalks specifically or say whether the owner of property next to a sidewalk is responsible.
How long do you have to file a claim against a city or county in Mississippi?
The Mississippi Tort Claims Act covers both the state and local governments. At least 90 days before suing, the injured person must deliver a written notice of claim in person or by registered or certified mail (for a county to the chancery clerk, for a city to the city clerk, and for other political subdivisions to the chief executive officer), stating how and when the injury happened, its extent, the people involved, the damages sought and the claimant's residence. Suit must generally be filed within one year; filing the notice pauses that period for 95 days, and after a denial or the end of that pause the claimant has 90 days to sue. Liability for all claims from one occurrence is capped at $500,000, with no punitive damages or prejudgment interest.
Do you have to wear a motorcycle helmet in Mississippi?
Every person operating or riding on a motorcycle or motor scooter on Mississippi public roads must wear a crash helmet meeting federal safety standard FMVSS 218, regardless of age. Exceptions cover autocycle operators and parade riders who are 18 or older and going no faster than 30 mph. The section does not say whether not wearing a helmet affects damages in a lawsuit.
Who has the right of way, a pedestrian or a driver, in Mississippi?
Where traffic signals are not in place or not working, drivers must yield (slowing or stopping if needed) to a pedestrian crossing in a marked crosswalk or an unmarked crosswalk at an intersection, and may not pass a vehicle stopped at a crosswalk for a pedestrian. A pedestrian crossing anywhere else must yield to all vehicles, and between adjacent intersections with working traffic signals may cross only in a marked crosswalk.
What are the bicycle laws in Mississippi?
A driver passing a bicyclist must leave at least 3 feet of clearance and keep it until safely past. A driver may pass a bicycle in a no-passing zone only when it is safe, and after passing a bicyclist may not turn right unless the turn can be made with reasonable safety.
Can you sue for a construction accident in Mississippi?
Mississippi's workers' compensation law sets the general rule for construction injuries. An employer that has secured workers' compensation is liable only for compensation, which replaces all other liability to the worker. The worker may still sue a third party (someone other than the employer) whose fault caused the injury, and accepting compensation does not affect that right; the employer or insurer is repaid from the recovery after collection costs.
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