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Mississippi accident law

Mississippi car accident settlement calculator

Mississippi is an at-fault state that uses pure comparative negligence. You generally have 3 years to file an injury lawsuit. The calculator below applies these rules to your numbers.

Checked against official sources November 5, 20264 cited sourcesHow we calculate

Injury lawsuit deadline3 yearsMiss. Code Ann. 15-1-49 (general 3 years); 11-46-11 (Tort Claims Act)
Fault rulePure comparativeMiss. Code Ann. 11-7-15
Insurance systemAt-faultNo PIP requirement
Minimum liability25/50/25thousands of dollars

Mississippi settlement estimate

How serious is the injury?
Moderate: months of treatment, full recovery. Typical multiplier 2 to 3.
Applied to your medical bills. Set by the injury above, adjust if you like.
Leave at 0 if unknown.
Lawyer fee, costs and liens
Estimated amount to you
$46,500

Likely range depends on the injury

Economic damages
$16,500
Pain and suffering
$30,000
Injury claim value
$46,500
After your share of fault
$46,500
Attorney fee and costs
$0
Liens repaid
$0

Mississippi: Pure comparative negligence, at-fault (tort) state.

An estimate, not legal advice. Deadlines can be shorter in some situations, for example for claims against a city or state agency. Talk to a Mississippi attorney about your case.

Mississippi filing deadlines

ClaimDeadline
Personal injury lawsuit3 years
Vehicle and property damage3 years
Wrongful death3 years
Notice of a claim against a governmentMississippi Tort Claims Act: notice of claim to the entity's chief executive officer at least 90 days before suit; suit within 1 year of the conduct (notice tolls the limit) (Miss. Code Ann. 11-46-11(1), (3))
Miss. Code Ann. 15-1-49 (general 3 years); 11-46-11 (Tort Claims Act). Counted from the accident date in most cases.

Latent injury discovery rule in 15-1-49(2). No 2025-2026 amendment to these sections was found, but the copy predates 2026 sessions.

If you were partly at fault

Mississippi follows pure comparative negligence. Your damages are reduced by your percentage of fault, and you can recover something even if you were mostly to blame.

  • With $100,000 in damages and 30% of the fault, you would recover $70,000.
  • With 55% of the fault, you would recover $45,000.

Pure comparative negligence by statute (one of the oldest, 1910). Applies to personal injury, death and property damage.

Source: Miss. Code Ann. 11-7-15. Compare all states in the comparative negligence table.

At-fault (tort) state

In Mississippi the driver who caused the crash is responsible for the damage, so you claim against their liability insurance or sue them. Your own medical payments or health coverage can pay bills while the claim is pending.

Minimum car insurance in Mississippi

$25,000 per person and $50,000 per accident for injuries, $25,000 for property damage. Uninsured motorist coverage is optional or can be rejected in writing.

Many drivers carry only the minimum, so the bodily injury limit is often the most the at-fault driver's insurer will pay one person. UM (83-11-101) must be included in every policy but the insured may reject it in writing (2026 HB 382 to remove the rejection option died in committee, per billstatus.ls.state.ms.us).

Damage caps

Mississippi caps noneconomic damages: $1,000,000 cap on noneconomic damages in civil actions filed on or after Sept 1, 2004, other than medical malpractice (med mal cap $500,000). Punitive damages: Capped by defendant net worth: $20M (net worth over $1B), $15M ($750M to $1B), $5M ($500M to $750M), $3.75M ($100M to $500M), $2.5M ($50M to $100M), 2% of net worth (net worth $50M or less).

HB 1116 and SB 2691 also died). Cap upheld by 5th Cir. in Learmonth v. Sears (2013); no Mississippi Supreme Court decision striking it found.

Dog bite law

One-bite rule (no strict liability statute). No Mississippi statute imposing strict civil liability on dog owners was identified. Common law requires showing the owner knew or should have known of the dog's dangerous propensities (or negligence, e.g., leash ordinance violations).

Source: No dog-bite strict liability statute; common law. Estimate a claim with the dog bite calculator.

Frequently asked questions

How long do I have to file a car accident claim in Mississippi?

3 years from the accident for an injury lawsuit and 3 years for vehicle damage (Miss. Code Ann. 15-1-49 (general 3 years); 11-46-11 (Tort Claims Act)). Insurance claims should be reported much sooner, and claims against a government agency can have shorter notice deadlines.

Is Mississippi a no-fault state?

No. Mississippi is an at-fault state: the driver who caused the crash, through their liability insurance, pays for the other people's injuries and damage.

What happens if I was partly at fault in Mississippi?

Mississippi follows pure comparative negligence (Miss. Code Ann. 11-7-15). Your damages are reduced by your percentage of fault, and you can recover something even if you were mostly to blame.

What is the minimum car insurance in Mississippi?

$25,000 per person and $50,000 per accident for injuries, $25,000 for property damage (25/50/25).

Does Mississippi cap pain and suffering damages?

Yes: $1,000,000 cap on noneconomic damages in civil actions filed on or after Sept 1, 2004, other than medical malpractice (med mal cap $500,000).

Sources

Checked against official Mississippi sources November 5, 2026.

  1. Mississippi statute of limitations: Miss. Code Ann. 15-1-49 (general 3 years); 11-46-11 (Tort Claims Act)
  2. Mississippi comparative fault: Miss. Code Ann. 11-7-15
  3. Mississippi insurance system: Miss. Code Ann. Sec. 63-15-3, 63-15-43 (compulsory liability)
  4. Mississippi damage caps: Miss. Code Ann. Sec. 11-1-60(2)(b); Sec. 11-1-65(3)(a)