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Negligence / Personal Injury
3 Years

from occurrence with Discovery Rule

Wrongful Death
3 Years

however, 1 year when caused by intentional tort

Medical Malpractice
2 Years with Discovery Rule (including wrongful death), but no more than 7 years after occurrence. These time limits apply to minors six and older. In the case of minors under six years of age, medical malpractice actions must be filed within two years of the date of the child's sixth birthday. Mississippi also requires all persons who intend to file a medical malpractice action to give a 60-day written notice of action to the defendant.
Malpractice (Other Professions)
Products Liability
2 Years with Discovery Rule
Intentional Torts
1 Year
Municipal Liability/Sovereign Immunity
Partially waived and limited to $500,000. No punitive damages permitted against municipalities.
Discovery Rule
SOL runs from date injury is, or should have been discovered. See special rules for medical malpractice (3 years).
Comparative Negligence
Applies, but plaintiff's recovery is diminished by percentage of fault.
Charitable Immunity
For infancy (21st birthday), incompetence, or insanity, SOL runs from removal of disability but toll can never extend more than 21 years. For medical malpractice, disability removed at age 6.
No award of punitive damages shall exceed the following: $20,000,000 for defendant with net worth of more than $1,000,000,000; $15,000,000 for defendant with net worth of more than $750,000,000 but no more than $1,000,000,000; $5,000,000 for defendant with net worth of more than $500,000,000 but no more than $750,000,000; $3,750,000 for defendant with net worth of more than $100,000,000 but no more than $500,000,000; $2,500,000 for defendant with net worth of more that $50,000,000 but no more than $100,000,000; 2% of defendant's net worth if it is $50,000,000 or less.
Punitive Damages
Plaintiff must present clear and convincing evidence that defendant acted with actual malice, or gross negligence which evidences willful, wanton or reckless disregard for safety of others, or committed actual fraud. Caps: None
No-Fault Insurance
Consumer Fraud Complaint

Mississippi Office of the Attorney General: Consumer Section
(800)28104418 (Toll free hotline)
(601)359-4231 (Fax)
(228)386-4400 (Biloxi)


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