Mississippi at a glance
Mississippi’s general limitation period is three years.[1] Claims against a governmental entity require a notice of claim at least 90 days before suit and are subject to a one-year limit.[2] Mississippi uses pure comparative negligence[3] and caps noneconomic damages.[4]
Filing deadlines
Miss. Code § 15-1-49(1)
All actions for which no other period of limitation is prescribed shall be commenced within three (3) years next after the cause of such action accrued, and not after.
Source: [1]
In plain English, most injury lawsuits in Mississippi must be filed within three years.[1]
Under the Mississippi Tort Claims Act, a claimant “must file a notice of claim with the chief executive officer of the governmental entity” at least ninety days before filing suit, and actions “must be commenced within one year of the tortious conduct,” as a Mississippi appellate court has summarized § 11-46-11.[2]
Shared fault
Miss. Code § 11-7-15
the fact that the person injured … may have been guilty of contributory negligence shall not bar a recovery, but damages shall be diminished by the jury in proportion to the amount of negligence attributable to the person injured
Source: [3]
Under pure comparative fault, an injured person who was partly at fault can still recover, but the award is reduced by their share of fault.
Damage caps
Miss. Code § 11-1-60(2)(b)
In any civil action filed on or after September 1, 2004, other than those actions described in paragraph (a) of this subsection, in the event the trier of fact finds the defendant liable, they shall not award the plaintiff more than One Million Dollars ($1,000,000) for noneconomic damages.
Source: [4]
Paragraph (a) sets a separate, lower limit for claims against health care providers.[4]
Auto insurance requirements
The Mississippi Insurance Department states that “On January 1, 2006, the minimum liability requirements increased to the following: $25,000 per person (limited to a single accident), $50,000 per accident for bodily injury, and $25,000 per accident for property damage.”[5] Mississippi is not one of the no-fault states.[6]
What this page does not cover
This page covers the main deadlines, fault rule, damage limits and auto insurance requirements. Statutes also contain exceptions, such as rules for minors, people who are incapacitated and claims discovered later, and special rules apply to medical malpractice and workers’ compensation. Always read the full statute at the official source linked below.
Frequently asked questions
How long do I have to file a head injury lawsuit in Mississippi?
In plain English, most injury lawsuits in Mississippi must be filed within three years.[1]
This page provides general information about the law from the sources listed below. It is not legal advice, and reading it does not create an attorney-client relationship. Laws vary by state and change over time. See our legal disclaimer.
Sources
- Miss. Code § 15-1-49. Laws.com. https://statutes.laws.com/mississippi/title-15/1/15-1-49/
- Miss. Code § 11-46-11, as quoted in a Mississippi appellate opinion. Mississippi Judiciary. https://courts.ms.gov/images/Opinions/CO162107.pdf
- Miss. Code § 11-7-15. Justia. https://law.justia.com/codes/mississippi/2020/title-11/chapter-7/subchapter-ingeneral/section-11-7-15/
- Miss. Code § 11-1-60, as quoted in a Mississippi appellate opinion. Mississippi Judiciary. https://law.justia.com/codes/mississippi/title-11/chapter-1/section-11-1-60/
- Mississippi Insurance Department. “Auto Insurance.” https://www.mid.ms.gov/mississippi-insurance-department/consumers/auto-insurance/
- Insurance Information Institute. “Background on: No-fault auto insurance.” https://www.iii.org/article/background-on-no-fault-auto-insurance
Sources last checked: October 11, 2026
