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Personal Injury Claims in Mississippi

Financial compensation is available if you are injured in a slip and fall, auto accident, or other incident in Mississippi. Personal injury claims can help MS residents receive the compensation they need for lost wages, medical bills, pain and suffering, and more.

Statute Limitations

Mississippi has a statute of limitations of THREE YEARS to file a personal injury claim. This means that you have three years from the date of your accident to file a claim, or the court will likely refuse your case.

Motor Vehicle Insurance and MS

Mississippi uses the traditional fault auto insurance system, which means that in an auto accident, the injured party can seek compensation from the at-fault driver. If you have been injured in an auto accident in MS, you have a few options:

  • File a claim with your own insurance coverage
  • File a claim with the insurance coverage of the other driver
  • File a personal injury claim against the other driver in court

Who is at Fault for an Accident in MS

Mississippi follows comparative fault in dealing with personal injury claims, using a “pure comparative negligence” rule. In other words, if you are partially responsible for the accident that left you injured, an amount equal to the percentage of your fault will be taken out of your damages. EXAMPLE:

Lou Burns was at a bar in Gulfport when he slipped and fell on some spilled water, spraining his hip. He filed a personal injury claim against the bar. The bar had a wet floor sign clearly displayed next to the recent spill. The judge determined that because Lou didn’t pay attention to the sign, he was 40% responsible for his injuries. The court awarded him $10,000, but the payment was reduced to $6,000 due to Lou’s comparative fault.

A Previous Mississippi Personal Injury Claim

According to Mississippi Injury Lawyers, there was a 2012 case, Pratt v. Gulfport-Biloxi Regional Airport Authority, in which a man was injured at an airport when he fell down the stairs. The court ruled against the injured party because the airport had apparently used anti-slip safety tape on the stairs, and no compensation was awarded.

Damage Caps in Mississippi

Some states impose damage caps, or limits, on the amount of compensation you can receive from a personal injury claim. Mississippi currently does not set any damage caps for personal injury claims, and has consistently ruled them unconstitutional in the past.

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