Home › Personal Injury Laws by State › Mississippi Personal Injury Laws

Mississippi generally requires most personal injury lawsuits based on negligence to be filed within three years after the claim accrues. Shorter periods and special pre-suit requirements apply to some kinds of claims, including medical malpractice claims, and claims against governmental entities involve additional notice requirements and different periods. This page cannot determine which deadline applies to any particular situation; only a licensed Mississippi attorney reviewing the facts can do that.

Mississippi generally follows an at-fault system for motor-vehicle injury claims. Liability ordinarily depends on who caused the collision. The compensation available in any particular matter generally depends on the injuries or losses involved and the insurance coverage that applies. How these rules apply in any individual situation depends on its facts, and if the parties involved cannot agree on liability, the court process may be necessary to resolve it.

Mississippi follows a pure comparative-fault rule. In general terms, compensation may be reduced according to an injured person's share of fault, but a person's own fault generally does not bar recovery entirely. Whether and how fault is attributed in any particular matter depends on its facts and may have to be determined by a court of law.

Mississippi generally requires vehicle owners to maintain liability insurance that meets minimum requirements established by state law. Insurers are also generally required to offer uninsured/underinsured motorist coverage, which a policyholder may reject in writing. The coverage available in any particular situation depends on the policies involved and current law.

Mississippi law limits certain categories of damages in civil cases, including limits on non-economic damages that apply in most personal injury cases, with a separate limit for medical malpractice claims, and limits on punitive damages. Special rules also apply to claims involving governmental entities. Because these provisions and amounts may change, this page does not state a dollar figure or determine whether any limit applies to a particular matter.

Mississippi personal injury lawsuits may be filed in the state's circuit courts, which have general civil jurisdiction, or in county or justice courts for some more limited civil matters. Many injury claims are resolved through insurance processes or negotiation without a lawsuit being filed. Which court, if any, would be appropriate depends on the nature of the claim, the relief involved, and other facts that a licensed Mississippi attorney can evaluate.

A licensed Mississippi attorney can explain how rules involving deadlines, fault, insurance, damages, and procedure may apply to a specific situation—something a general reference page cannot do. This platform helps injured people seek connections with participating local personal injury attorney offices in the Mississippi communities listed below, based on availability. Requesting a connection is free and carries no obligation to hire an attorney.