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Mississippi Car Accident Compensation Laws

Mississippi's deep Southern roots have plenty to offer residents and visitors alike. Whether you prefer taking in a view of Mississippi's namesake river, stopping by one of the many blues clubs, or cheering at a college football game, there is no shortage of entertainment available. But if you wind up in a car accident at the Devil's crossroads and want to avoid selling your soul, you will want to be familiar with Mississippi car accident compensation laws.

Below, you’ll find a table breaking down Mississippi’s car accident compensation laws, followed by detailed explanations of important aspects of the laws.

Statute of Limitations

  • 3 years after unless another limit applies (Miss. Code Ann. § 15-1-49)
  • 2 years for most medical malpractice cases, 7 years in specified types of medical malpractice cases (Miss. Code Ann. § 15-1-36)

Limits on Damages

Non-economic damages limited to $1,000,000 (Miss. Code Ann. § 11-1-60(2)(a))

Other Limits

  • Medical Malpractice non-economic damages limited to $500,000 (Miss. Code Ann. § 11-1-60(2)(b))
  • Pure Comparative Fault System (Miss. Code Ann. § 85-5-7)

Mississippi’s 'Fault' and 'Pure Comparative Fault' Rules

If you want to recover damages in Mississippi, you had better be prepared to prove that another driver was at fault for your injuries. This is because Mississippi uses the 'fault' system for insurance claims.

Fortunately for drivers who are partially at fault for their injuries, Mississippi uses the 'pure comparative negligence' rule. This rule allows the court to award damages to parties as long as they are less than 100% at fault. The court simply determines an injured party's level of fault and reduces that party's damages proportionately. For example, if a driver suffered $10,000 in damages, but is found to be 90% at fault, the court can still award that driver $1,000.

Types of Damages

When speaking to an attorney or your insurance company, you may hear your damages categorized into two different types: economic and non-economic damages. The bills that tend to stack up as a result of a car accident are typically considered economic damages and include car repairs or replacement, medical bills, lost wages, and other out-of-pocket expenses. The pain and suffering, loss of companionship, and emotion distress you might suffer are known as non-economic damages and are harder to put a price tag on.

Examples of the car accident damages you might incur include:

  • Hospital bills
  • Car repairs or replacement
  • Lost income
  • Pain and suffering
  • Disability or disfigurement

Limits on Damages

In an effort to protect injured parties, Mississippi does not cap, or limit, economic damages. However, the state does impose a limit of $1,000,000 on non-economic damages. That means that even if a court awarded you $3,000,000 in economic damages and $5,000,000 in non-economic damages, the state would prevent you from receiving more than $3,000,000 in economic damages and $1,000,000 in non-economic damages.

Mississippi also requires injured parties to bring a lawsuit within a certain period of time (known as the statute of limitations). In Mississippi, the limit is three years for both injuries to persons and injuries to property, unless another time limit applies.

Seriously injured parties should also be aware that Mississippi limits medical malpractice non-economic damages to $500,000. Additionally, the time limit is two years for most medical malpractice lawsuits.

Injured in a Car Accident in Mississippi? Get Legal Help

Mississippi's fault system combined with the pure comparative fault rule leave plenty of room for you to recover damages for your injuries, even if you were at fault in a car accident. But the state imposed damage cap on non-economic damages, like pain and suffering or disfigurement, can make it difficult to estimate the strength and value of your claim. Contact a local car accident attorney to get help determining your best course of action.

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

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  • A lawyer can help seek fair compensation on your behalf
  • Car accident claims are complex and insurance carriers have lawyers on their side

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