Parker Waichman Alonso, LLP - www.statutes-of-limitations.com

MISSISSIPPI

Negligence / Personal Injury

years from occurrence with Discovery Rule.

Wrongful Death

years – however, 1 year when caused by intentional tort.

Medical Malpractice

2 years with Discovery Rule (including wrongful death). SOR: 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.

Caps:
$500,000 limit on non-economic damages.

Malpractice (Other Professions)

years

Products Liability

years with Discovery Rule.

Intentional Torts

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

Abolished except for some limited exceptions.

Disabilities

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. SOL does not run during absence or concealment of defendant.

Damages

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:
Court determines if award granted and amount. Damages limited based on defendant's net worth.

No-Fault Insurance

None

Consumer Fraud Complaint

Mississippi Office of the Attorney General: Consumer Section
http://www.ago.state.ms.us/index.php/sections/consumer
(800)28104418 (Toll free hotline)
(601)359-4230
(601)359-4231 (Fax)
(228)386-4400 (Biloxi)