Accident Settlement Calculator

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Mississippi Car Accident Settlement Calculator

In Mississippi, you generally have 3 years to file an injury lawsuit, you can recover even if mostly at fault, minus your share, and drivers must carry at least $25,000/$50,000 in injury liability. Enter your numbers below to see what a Mississippi claim may be worth and what you would actually take home.

1

Your accident

How serious is the injury?
2

Your costs so far

That's all you need for a first estimate. Rough numbers are fine.

Optional: make the estimate more accurate fault, insurance, lawyer fee
3

Fault and future costs

4

Insurance

5

What comes out of it

Mississippi rules in 30 seconds

If you were partly at faultYou can still recover, minus your share of the blame
Details & exceptions

Mississippi uses pure comparative negligence: in personal injury, wrongful death and property damage actions, the injured person's own negligence does not bar recovery. Damages are reduced in proportion to their share of the fault. A plaintiff found 99 percent at fault can still recover 1 percent of their damages.

Compare fault rules in all states →
Deadline to file a lawsuit3 years from the accident
Details & exceptions

Mississippi has no specific limitation period for negligence-based injury or property damage claims, so the general catch-all in Miss. Code Ann. 15-1-49(1) applies: 'All actions for which no other period of limitation is prescribed shall be commenced within three (3) years' after the cause of action accrues. That covers personal injury, wrongful death and vehicle property damage claims. Claims against the State or political subdivisions (Mississippi Tort Claims Act): suit must be filed within 1 year of the conduct (Miss. Code Ann. 11-46-11(3)). A written notice of claim must be served at least 90 days before suing, on the entity's chief executive officer (for counties, the chancery clerk; for municipalities, the city clerk) (11-46-11(1)). A timely notice tolls the 1-year period for 95 days, and the claimant then has 90 more days after denial or the end of the tolling period. Under SB 2360 (2026, effective 2026-07-01), which amended 11-46-20, the Tort Claims Board must keep an online registry of each governmental entity's chief executive officer. If the registry information is wrong when the notice is sent, the 1-year period is tolled until it is corrected. Governmental liability is capped at $500,000 per occurrence for acts on or after 2001-07-01 (Miss. Code Ann. 11-46-15(1)(c)).

Compare deadlines in all states →
Other driver's minimum insurance$25,000 per person, $50,000 per accident
Details & exceptions

Property damage minimum: $25,000. Miss. Code Ann. 63-15-3(j) defines 'proof of financial responsibility' as $25,000 for bodily injury to or death of one person, $50,000 for two or more persons, and $25,000 for property damage in any one accident. Under 63-15-4, every motor vehicle operated in Mississippi must be covered by a liability policy at these limits. Exceptions are bonded, self-insured and certain exempt vehicles. The Mississippi Insurance Department's auto insurance page gives the same 25/50/25 minimums. The limits took effect for policies written or renewed on or after 2006-01-01, according to secondary reporting (Insurance Journal, 2005-2006) and the Insurance Department page. The official Senate summaries of general legislation for the 2025 and 2026 regular sessions show no amendment to 63-15-3, 63-15-4 or 83-11-101.

Compare minimums in all states →
Who pays your medical billsThe at-fault driver's insuranceSee all no-fault states →
Cap on pain and sufferingYes, in most cases
Details & exceptions

Greater of $1,000,000 or 0× economic damages, up to $1,000,000. Miss. Code Ann. 11-1-60(2)(b): in any civil action filed on or after 2004-09-01, other than medical malpractice and health-care standard-of-care claims, the trier of fact 'shall not award the plaintiff more than One Million Dollars ($1,000,000.00) for noneconomic damages.' This covers ordinary car-accident injury claims. The cap is flat and has no exception for catastrophic or permanent injury. Economic damages (medical bills, lost wages) are not capped. Under 11-1-60(1)(a), noneconomic damages include pain, suffering, inconvenience, emotional distress, loss of society and companionship, loss of consortium, physical impairment, disfigurement, loss of enjoyment of life and similar losses. Punitive damages are excluded and are governed separately by 11-1-65. The jury is not told about the cap, and the judge reduces any excess award (11-1-60(2)(c)). Medical malpractice claims have a separate $500,000 cap (11-1-60(2)(a)). Governmental defendants have a $500,000 per-occurrence total liability cap (11-46-15). Constitutionality: in Learmonth v. Sears, Roebuck & Co. (5th Cir. 2013, No. 09-60651), the Fifth Circuit upheld the $1M cap against jury-trial and separation-of-powers challenges under the Mississippi Constitution, after the Mississippi Supreme Court declined to answer the certified question (Sears, Roebuck & Co. v. Learmonth, 95 So. 3d 633 (Miss. 2012)). The Mississippi Supreme Court has not itself ruled on the 2(b) cap's validity, and a Fifth Circuit ruling on state law does not bind it. Bills to raise the cap were introduced and not enacted, according to the official 2025 and 2026 session summaries: SB 2493 (2025, to $2,000,000) and SB 2691 (2026, reported by secondary sources as $1,500,000).

Uninsured motorist coverageOptional
Details & exceptions

Miss. Code Ann. 83-11-101(1): every automobile liability policy issued after 1967-01-01 must include uninsured motorist coverage, at limits no lower than the Safety Responsibility Law minimums (25/50). The insured may choose higher limits, up to the policy's bodily injury liability limits. 'The coverage herein required shall not be applicable where any insured named in the policy shall reject the coverage in writing.' Once rejected, it need not be added to renewal, replacement or transferred policies unless the named insured requests it in writing. UM is included by default but can be waived in writing, so it is recorded here as not strictly required. Under Mississippi's definitions, 'uninsured motor vehicle' includes an underinsured vehicle, so this coverage also works as underinsured motorist coverage. That reading comes from secondary summaries; 83-11-103 was not read.

Worked example: a typical Mississippi car accident claim

Another driver turned left into you at an intersection in Mississippi: $15,000 in medical bills, $5,000 in lost wages and a moderate injury that healed in a few months. The insurer says you were 20% at fault for speeding slightly, the other driver has a $100,000 policy, and your lawyer takes 33%.

  1. Economic damages$20,000Medical bills + expected future treatment + lost wages.
  2. Pain and suffering$20,000 – $40,000Multiplier method: economic damages × 2–3 for a moderate injury, minus the economic part itself.
  3. Total claim value$40,000 – $60,000Economic + pain and suffering.
  4. After your share of fault$32,000 – $48,000Mississippi uses pure comparative negligence: your recovery is reduced by your 20% share of fault.
  5. Limited by available insurance$32,000 – $48,000At-fault policy limit $100,000 + your UM/UIM $0.
  6. Estimated take-home$20,440 – $31,160Minus attorney fee (33%), case costs and medical liens.

You would take home about $25,800 ($20,440 – $31,160), after the 33% fee and $1,000 in case costs.

Typical figures (midpoint of a moderate injury multiplier), no medical liens. Run your own numbersor see the same crash in every state.

How much time do you have to file?

General personal injury deadline only. It can be shorter for claims against a city, county or state agency (often a written notice within months), and longer for minors. Check with a lawyer before relying on it.

Deadline traps in Mississippi

The 3-year lawsuit deadline is not the only clock. These are the ones people miss:

Crash with a government vehicle or on a public road1 year (notice at least 90 days before suing)

Claims against the State, a county or a city must be brought within 1 year. File a written notice of claim with the entity's chief executive officer at least 90 days before suing; timely notice pauses the 1-year clock for 95 days.

Miss. Code Ann. 11-46-11, Mississippi Tort Claims Act notice and limitations (FindLaw mirror)

If the injured person is a child

Mississippi treats anyone under 21 as a minor, so the 3-year clock generally starts at age 21, giving the child until age 24. Government claims also wait until the disability ends.

Miss. Code Ann. 15-1-59, saving in favor of persons under disabilities (FindLaw mirror)Miss. Code Ann. 11-46-11(4), Tort Claims Act disability rule (FindLaw mirror)

How fast a Mississippi insurer must respond

Mississippi has no statute or regulation setting day limits for handling auto injury claims. Delays are policed mainly through bad-faith lawsuits against the insurer.

Robins Kaplan, Claims Handling Practices: Mississippi (secondary)

If an insurer misses these deadlines, you can file a complaint with the state insurance department. Compare all states:insurance claim deadlines by state.

Next steps after a Mississippi crash

Frequently asked questions

What is a typical car accident settlement in Mississippi?
It depends on the bills, the injury and fault. Worked example: with $15,000 in medical bills, $5,000 in lost wages and a moderate injury, 20% of the fault, a Mississippi claim against the other driver is worth about $40,000, and the injured person takes home about $25,800 after a 33% attorney fee and costs.
Is Mississippi an at-fault or no-fault state for car accidents?
Mississippi's car insurance system: At-fault (tort).
Is there a cap on pain and suffering in Mississippi car accident cases?
Greater of $1,000,000 or 0× economic damages, up to $1,000,000. Miss. Code Ann. 11-1-60(2)(b): in any civil action filed on or after 2004-09-01, other than medical malpractice and health-care standard-of-care claims, the trier of fact 'shall not award the plaintiff more than One Million Dollars ($1,000,000.00) for noneconomic damages.' This covers ordinary car-accident injury claims. The cap is flat and has no exception for catastrophic or permanent injury. Economic damages (medical bills, lost wages) are not capped. Under 11-1-60(1)(a), noneconomic damages include pain, suffering, inconvenience, emotional distress, loss of society and companionship, loss of consortium, physical impairment, disfigurement, loss of enjoyment of life and similar losses. Punitive damages are excluded and are governed separately by 11-1-65. The jury is not told about the cap, and the judge reduces any excess award (11-1-60(2)(c)). Medical malpractice claims have a separate $500,000 cap (11-1-60(2)(a)). Governmental defendants have a $500,000 per-occurrence total liability cap (11-46-15). Constitutionality: in Learmonth v. Sears, Roebuck & Co. (5th Cir. 2013, No. 09-60651), the Fifth Circuit upheld the $1M cap against jury-trial and separation-of-powers challenges under the Mississippi Constitution, after the Mississippi Supreme Court declined to answer the certified question (Sears, Roebuck & Co. v. Learmonth, 95 So. 3d 633 (Miss. 2012)). The Mississippi Supreme Court has not itself ruled on the 2(b) cap's validity, and a Fifth Circuit ruling on state law does not bind it. Bills to raise the cap were introduced and not enacted, according to the official 2025 and 2026 session summaries: SB 2493 (2025, to $2,000,000) and SB 2691 (2026, reported by secondary sources as $1,500,000).
What happens if I was partly at fault for an accident in Mississippi?
Mississippi follows pure comparative negligence, so you can recover damages even if you were mostly at fault, but your recovery is reduced by your percentage of fault.
How long do I have to file a car accident lawsuit in Mississippi?
Generally 3 years for personal injury and 3 years for property damage. Mississippi has no specific limitation period for negligence-based injury or property damage claims, so the general catch-all in Miss. Code Ann. 15-1-49(1) applies: 'All actions for which no other period of limitation is prescribed shall be commenced within three (3) years' after the cause of action accrues. That covers personal injury, wrongful death and vehicle property damage claims. Claims against the State or political subdivisions (Mississippi Tort Claims Act): suit must be filed within 1 year of the conduct (Miss. Code Ann. 11-46-11(3)). A written notice of claim must be served at least 90 days before suing, on the entity's chief executive officer (for counties, the chancery clerk; for municipalities, the city clerk) (11-46-11(1)). A timely notice tolls the 1-year period for 95 days, and the claimant then has 90 more days after denial or the end of the tolling period. Under SB 2360 (2026, effective 2026-07-01), which amended 11-46-20, the Tort Claims Board must keep an online registry of each governmental entity's chief executive officer. If the registry information is wrong when the notice is sent, the 1-year period is tolled until it is corrected. Governmental liability is capped at $500,000 per occurrence for acts on or after 2001-07-01 (Miss. Code Ann. 11-46-15(1)(c)).
What is the minimum car insurance in Mississippi?
$25,000 per person and $50,000 per accident for bodily injury, and $25,000 for property damage. Miss. Code Ann. 63-15-3(j) defines 'proof of financial responsibility' as $25,000 for bodily injury to or death of one person, $50,000 for two or more persons, and $25,000 for property damage in any one accident. Under 63-15-4, every motor vehicle operated in Mississippi must be covered by a liability policy at these limits. Exceptions are bonded, self-insured and certain exempt vehicles. The Mississippi Insurance Department's auto insurance page gives the same 25/50/25 minimums. The limits took effect for policies written or renewed on or after 2006-01-01, according to secondary reporting (Insurance Journal, 2005-2006) and the Insurance Department page. The official Senate summaries of general legislation for the 2025 and 2026 regular sessions show no amendment to 63-15-3, 63-15-4 or 83-11-101.
What is the deadline to file a claim against the government in Mississippi?
1 year (notice at least 90 days before suing). Claims against the State, a county or a city must be brought within 1 year. File a written notice of claim with the entity's chief executive officer at least 90 days before suing; timely notice pauses the 1-year clock for 95 days.
How long does an insurance company have to respond to a claim in Mississippi?
Mississippi has no statute or regulation setting day limits for handling auto injury claims. Delays are policed mainly through bad-faith lawsuits against the insurer.

Related

Official sources