Mississippi Personal Injury Law

The following summary of Mississippi personal injury laws and explanations of liability will help you understand important aspects of injury claims in this state.

Mississippi Statute of Limitations:

• Personal Injury: 3 years for negligence; 1 year for intentional conduct
• Medical Malpractice: 2 years
• Product Liability: 3 years
• Wrongful Death: 1 year

Caps on Personal Injury Awards in Mississippi:

There are no personal injury award caps in Mississippi.

Mississippi Serious Injury Threshold:

There is no serious injury threshold in Mississippi.

Mississippi is a Fault state and follows the pure comparative negligence theory. If the injured party is at fault (up to 99%), damages will be adjusted to reflect the comparative negligence.

Personal Injury Claims & Theories of Liability in Mississippi:

Auto Accident Claim: Negligent drivers who, in the course of their negligence, injure either a passenger, another driver or a pedestrian, will be held liable for the personal injury or property damages to the other party.

Product Liability Lawsuit: Manufacturers, designers and distributors of products test those products often for years before allowing them to be used by consumers. Therefore, in the event that such a product injures a consumer, manufacturers, designers and distributors will be held strictly liable for the injuries that result (as long as the consumer did not deviate from the anticipated use).

Workers Compensation Law: In Mississippi, all employers are required to carry workers compensation insurance in the event of workplace injury, this insurance covers medical treatment and settlements for the injured employee. Independent contractors are not usually covered.

Wrongful Death Case: If an individual dies as a result of the another's negligence, the negligent party can be held liable to the decedent's estate for loss of companionship and affection. Settlements will factor such items as age, education and income/salary.

Slip and Fall Accident: If an individual is injured on the property of another, the property owner will be held responsible if they breached their duty to maintain their property, make reasonable inspections and warn others of known dangers.

Medical Malpractice Cases: Medical providers and hospitals who provde services below the expected level of care can be held responsible for the patient's resulting injuries.

For More Information Check out these sites:

Official Mississippi State Government Website

Mississippi State Bar Association