If you or a loved one was injured in Mississippi due to someone else’s negligence, understanding the state’s legal framework is critical to protecting your claim. Mississippi’s pure comparative fault rule allows injured victims to recover compensation even when they share some fault for the accident. However, the state’s $1,000,000 cap on non-economic damages and proportional liability rules create challenges that require experienced legal representation. Insurance companies exploit these rules to minimize payouts, making aggressive advocacy critical from the start.
At Monge & Associates Injury and Accident Attorneys, our Mississippi personal injury lawyers have recovered over $1 billion for injury victims since 1993. We know how to navigate Mississippi’s legal framework to maximize your recovery.
Monge & Associates Injury and Accident Attorneys — Serving Mississippi from our Jackson office · (601) 707-6303
Mississippi Personal Injury Laws
Statute of Limitations
Mississippi gives personal injury victims three years (Miss. Code Ann. § 15-1-49) to file a lawsuit. For wrongful death claims, the deadline is three years from the date of death (Miss. Code Ann. § 11-7-13), or one year if the death resulted from an intentional act. These deadlines are strictly enforced. Missing the filing deadline means your claim is permanently barred, regardless of how strong the underlying case may be.
Pure Comparative Fault
Mississippi follows pure comparative fault (Miss. Code Ann. § 11-7-15), which means you can recover compensation even if you were partially at fault for the accident. Your recovery is reduced by your percentage of fault. Mississippi also follows proportional liability (Miss. Code Ann. § 85-5-7), meaning each defendant pays only their percentage share of the damages, with exceptions for intentional acts.
Example: If you are found 30% at fault in a car accident and your total damages are $100,000, you recover $70,000. If you are 60% at fault, you recover $40,000. Even at 99% fault, you can still recover 1% of your damages. This makes Mississippi one of the most plaintiff-friendly states in the country for fault allocation.
Insurance companies will try to inflate your percentage of fault to reduce the amount they owe. Our attorneys work aggressively to minimize any fault attributed to you through thorough investigation and evidence gathering.
Damage Caps
Mississippi caps non-economic damages at $1,000,000 in most personal injury cases (Miss. Code Ann. § 11-1-60). There is no cap on economic damages. Punitive damages are capped at 2% of the defendant’s net worth for defendants with a net worth under $50 million, with a sliding scale up to $20 million for larger defendants. Medical malpractice non-economic damages are capped at $500,000.
Insurance Requirements
Mississippi is an at-fault state. The minimum auto insurance requirements are $25,000/$50,000 bodily injury, $25,000 property damage.
Our Mississippi Office
Jackson
200 N Congress St #101
Jackson, MS 39201
Local: (601) 707-6303
Our Jackson team serves clients throughout Hinds County and the surrounding areas, including Ridgeland, Madison, Pearl, Brandon, Clinton, Flowood, Byram, Terry, Raymond, Yazoo City, and communities throughout Hinds, Rankin, Madison, Copiah, Simpson, Yazoo, Holmes, and Scott counties. Learn more about our Jackson personal injury lawyers
Practice Areas
Our Mississippi personal injury lawyers handle a wide range of cases, including:
Car Accidents | Truck Accidents | Slip and Fall | Wrongful Death | Motorcycle Accidents
Why Choose Monge & Associates Injury and Accident Attorneys in Mississippi
$1 Billion+ Recovered. Since 1993, our firm has recovered over $1 billion for injury victims across the country.
No Fee Unless We Win. We work on a contingency fee basis. You pay nothing unless we recover compensation for you.
60+ Offices Nationwide. With offices across the country, we combine national resources with local knowledge.
Maximizing Recovery Under Mississippi's Damage Cap. Mississippi’s $1,000,000 non-economic damage cap and proportional liability rules require strategic case-building to ensure you recover the full value of your claim. Our attorneys know how to structure cases to maximize economic damages where non-economic recovery is capped.
Mississippi Personal Injury FAQs
How long do I have to file a personal injury lawsuit in Mississippi?
Mississippi gives injury victims three years (Miss. Code Ann. § 15-1-49) to file a lawsuit. Wrongful death claims must be filed within three years from the date of death (Miss. Code Ann. § 11-7-13), or one year if the death resulted from an intentional act.
What is Mississippi’s fault rule?
Mississippi follows pure comparative fault (Miss. Code Ann. § 11-7-15), which allows injured victims to recover compensation even when they share some fault. Your recovery is reduced by your percentage of fault.
Does Mississippi cap personal injury damages?
Mississippi caps non-economic damages at $1,000,000 in most personal injury cases (Miss.
How much does a Mississippi personal injury lawyer cost?
Monge & Associates Injury and Accident Attorneys works on a contingency fee basis. You pay nothing unless we win.
Contact a Mississippi Personal Injury Lawyer at Monge & Associates Injury and Accident Attorneys
If you have suffered a personal injury in Mississippi, the team at Monge & Associates Injury and Accident Attorneys is ready to fight for your recovery.
Call us today at (601) 707-6303, or contact us online for a free consultation.