Mississippi · Comparative Negligence

Mississippi Comparative Negligence Rule

Mississippi follows a pure comparative rule under Miss. Code Ann. § 11-7-15. Recovery is allowed at any percentage of fault. Damages are reduced in direct proportion to the claimant's share.

Updated 2026-05-22 · See all 50 states

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Key facts: Mississippi

Rule type: Pure comparative
Max fault to recover: No cap (99%)
How recovery works: Recovery is allowed at any percentage of fault. Damages are reduced in direct proportion to the claimant's share.
Last verified: 2026-05-22
Source type: Primary (state statute)

Details for Mississippi

Pure comparative negligence. Mississippi was the first state to adopt pure comparative negligence by statute in 1910; damages are simply reduced in proportion to the claimant’s share of fault.

Related: Mississippi statute of limitations

Mississippi gives you 3 years to file a personal injury lawsuit under Miss. Code Ann. § 15-1-49.

See the full Mississippi statute of limitations →

This page is informational and does not constitute legal advice. Some categories (medical negligence, governmental defendants) follow different rules. Confirm the controlling rule with a licensed Mississippi attorney before relying on it.

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Mississippi Comparative Negligence FAQ

What comparative negligence rule does Mississippi follow?

Mississippi follows a pure comparative rule under Miss. Code Ann. § 11-7-15. Claimant can recover at any percentage of fault; damages are reduced proportionally. Recovery is allowed at any percentage of fault. Damages are reduced in direct proportion to the claimant's share.

Can I still recover if I was partly at fault for the accident in Mississippi?

Yes. Mississippi uses pure comparative negligence, so you can recover damages even if you were mostly at fault. Your recovery is reduced by your percentage of fault.

How does this affect settlement negotiations in Mississippi?

Insurance adjusters argue percentage of fault to reduce what they pay. Because Mississippi is a pure-comparative state, even a contested-liability case has settlement value; the only question is the size of the discount.

What is the personal injury statute of limitations in Mississippi?

Mississippi gives you 3 years to file a personal injury lawsuit under Miss. Code Ann. § 15-1-49.

Where can I read the actual rule?

The controlling authority is Miss. Code Ann. § 11-7-15. The full text is available at https://law.justia.com/codes/mississippi/title-11/chapter-7/in-general/section-11-7-15/.

See comparative negligence rules for all 51 covered states