Mississippi

STATUTE OF LIMITATIONS

Personal Property: 3 Years

Personal Injury: 3 Years

Medical Malpractice: 2 Years

Breach of Contract (Written): 6 Years

Breach of Contract (Oral): 3 Years

Statute of Repose (Real Property): 6 Years

Statute of Repose (Products): N/A

Breach of Warranty: 6 Years

GOVERNMENT LIMITATIONS/NOTICE REQUIREMENTS

Notice of claim required 90 days prior to filing suit
Suit to be commenced within 1 year of loss

PIP/MED PAY SUBROGATION

PIP: NO
MED PAY: YES
-Insurer must obtain an assignment from insured to recover

CONTRIBUTORY NEGLIGENCE

Pure Comparative
Plaintiff’s damages will be reduced by their own liability no matter how large, so long as it’s less than 100% (i.e. 99% at fault can still recover 1%)

PARENTAL RESPONSIBILITY

Limitation on Parents’ Liability:
-$5,000.00 plus court costs for Property Damage for child between 10 and 18
-$200.00 for Vandalism for child under 21
-Unlimited for motor vehicle claims for child under 17

CERTIFICATE/AFFIDAVIT OF MERIT REQUIREMENT

There is generally no requirement for filing a certificate or affidavit of merit for claims against professionals

JOINT AND SEVERAL LIABILITY

Generally Several Liability

JOINT AND SEVERAL LIABILITY

applies when defendants act on a common plan

VICARIOUS LIABILITY

AGAINST OWNER OF VEHICLE: NO

MADE WHOLE DOCTRINE

Applies

DEDUCTIBLE REIMBURSEMENT

No applicable statute

Subrogation laws are constantly changing. Dickstein Law, LLC makes every effort to keep the state specific information up to date and accurate.  However, the information may become outdated or superseded by new law over time.  The state specific information contained on this site should not be construed as legal advice by Dickstein Law, LLC.  These materials are intended as a general information resource and should not be relied on for any specific claim or situation. If you have a subrogation question or if you notice an error in the information provided on this site, please contact Brandon Dickstein at brandon@dicksteinsubro.com.