Mississippi Car Accident Compensation Laws

Mississippi car accident laws give drivers a good chance of fair compensation following an accident if they follow the insurance requirements. Mississippi is an "at-fault" state, so the responsible driver's insurance pays for other drivers' injury claims. Mississippi uses a pure comparative fault system, meaning all drivers can recover some of their damages.

The combination of at-fault insurance laws and pure comparative fault recovery means that accident victims need a good car accident lawyer and an understanding of the auto accident compensation laws to make an accident claim in Mississippi.

Mississippi Car Accident Compensation Laws

Mississippi is an at-fault state. After a car accident, drivers file their personal injury and property damage claims with the other driver's insurance company. Once the insurer determines the cause of the accident, the driver responsible for the accident pays for all damages.

Proving fault in a car crash depends on police reports, medical records, and other information. All this information must reach the insurance adjuster before the deadline set by your insurance policy.

Mississippi requires all drivers to carry minimum liability insurance, including:

• $25,000 bodily injury per person
• $50,000 bodily injury per accident
• $25,000 property damage per accident

Your insurance pays other drivers if you are at fault. Mississippi does not require personal injury protection (PIP) coverage or uninsured/underinsured motorist (UI/UIM) coverage. This insurance protects you if the other driver is at fault but has no auto insurance.

Comparative Negligence

Mississippi uses a pure comparative negligence rule. In most car accident cases, drivers share at least some responsibility for the accident. For instance, one driver may have been speeding, but the other may not have worn their seatbelt. Under a comparative negligence system, a driver can still recover some damages even if they are partially responsible for their injuries.

A pure comparative negligence system reduces the driver's recovery by the percentage of fault. For instance, a driver could be 90% at fault and recover 10% of their damages. This differs from modified comparative negligence, where a driver must be less than 50% or 51% at fault to recover damages. Under the harsh contributory negligence rule, a driver cannot recover damages if they are even 1% responsible.

Damages and Limits

In legal terms, damages are the monetary award received following a car accident claim. There are two basic types of damages in a car accident lawsuit.

Economic damages cover medical treatment, lost income, and property damage.

Non-economic damages include pain and suffering, emotional distress, and disability or disfigurement.

Economic and non-economic damages are also called consequential damages because they result from the accident. Courts award punitive damages in motor vehicle accidents if the defendant acted maliciously or deliberately recklessly.

Limits

Mississippi does not have a cap on economic damages. In most cases, courts limit an award to the amount shown in medical bills and accident reports. But, there is a statutory cap of $1,000,000 for non-economic damages, regardless of the actual verdict.

The limit on punitive damage awards is the net worth of the defendant. Courts may not award a plaintiff more than a statutory percentage of a defendant's net worth.

Mississippi's statute of limitations for a personal injury lawsuit is three years. The statute applies to personal injury claims and property damage lawsuits. There may be different time limits for medical malpractice claims if these are separate from the insurance claim.

Get Legal Advice from a Mississippi Personal Injury Attorney

Mississippi's at-fault system and pure comparative negligence rule mean drivers can usually recover some damages for their accident. Get legal advice from an experienced Mississippi car accident attorney for advice about your accident claim.