States With Caps on Pain & Suffering Damages

By the FigureMyTax Editorial Team · How we calculate

Mississippi is a capped state: $1,000,000 on noneconomic damages in most cases and $500,000 for health care malpractice.

The statutory caps

Under Miss. Code 11-1-60, in any civil action filed on or after September 1, 2004, the jury may not award the plaintiff more than $1,000,000 in noneconomic damages. For malpractice or breach of the standard of care against a health care provider, including institutions for the aged or infirm, the limit is $500,000. The statute defines noneconomic damages broadly: pain, suffering, mental anguish, loss of society and companionship, disfigurement, loss of enjoyment of life and similar losses. Punitive damages are not counted as noneconomic.

The jury is not told

The statute directs that the trier of fact is not advised of the limits. The judge reduces any noneconomic award that exceeds the applicable cap, so a large verdict number can shrink after the trial.

Economic damages are not capped

The cap reaches only noneconomic damages. Objectively verifiable pecuniary losses, such as medical expenses, rehabilitation, custodial care, lost earnings and earning capacity, burial costs and property loss, are outside it.

Government defendants

Claims against the state or a local government fall under the Mississippi Tort Claims Act. Damages are capped at $500,000 per occurrence for most claims, a written notice of claim is required before suing, the deadline is one year, and no punitive damages are allowed.

Have the caps been challenged?

Yes, without success so far in the sources we reviewed. A federal judge criticized but upheld the $500,000 malpractice cap in 2013, and the state attorney general noted that most state courts have upheld similar caps.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Mississippi's rules apply to your specific case with a licensed Mississippi attorney.