STATE LAW – MISSISSIPPI LIBRARY – GUIDE 19
Mississippi Crash Damages & Property Loss
Mississippi crash damages combine economic loss, noneconomic loss, property damage, comparative-fault reductions, and—where proven—punitive damages under a separate statutory standard. Ordinary civil noneconomic damages are subject to a $1 million statutory cap.
Damages
Separate economic and noneconomic loss before applying caps
Miss. Code § 11-1-60 defines economic and noneconomic damages and limits noneconomic damages in ordinary civil actions to $1,000,000. The cap does not apply to objectively verifiable economic damages.
Economic damages
Economic loss can include medical expenses and care, rehabilitation, custodial care, disability-related monetary losses, lost earnings and earning capacity, burial costs, property repair or replacement, substitute services, and other objectively verifiable pecuniary loss, subject to proof, causation, and other applicable law.
Noneconomic damages
For ordinary civil actions filed on or after September 1, 2004, § 11-1-60 limits noneconomic damages to $1 million. The jury is not advised of the statutory cap; the court reduces an award that exceeds the applicable limit.
Comparative fault and several liability
Section 11-7-15 reduces damages according to claimant fault. Section 85-5-7 generally allocates responsibility among multiple defendants according to their percentages of fault.
Punitive damages are separate
Punitive damages are not part of the § 11-1-60 noneconomic cap and are governed by Mississippi’s separate punitive-damages statute and evidentiary standard. They should not be assumed from serious injury alone.
Authorities
Primary Mississippi authority for this topic
Use the current statute, controlling decisions, and operative policy before legal reliance.