Mississippi: Economic vs. Non-Economic Damages Guide

Economic damages: the documented, countable losses

Economic damages are the straightforward, receipt-backed part of a claim. In a Mississippi personal injury case, this generally includes medical expenses already incurred, lost wages from time away from work, property damage, and reasonably anticipated future medical care or lost earning capacity tied directly to the injury.

Non-economic damages: a specifically defined list

Miss. Code § 11-1-60 gives this category a detailed legal definition: subjective, nonpecuniary damages arising from pain, suffering, mental anguish, worry, emotional distress, loss of society and companionship, loss of consortium, physical impairment, disfigurement, and similar harm. Notably, the statute explicitly excludes punitive or exemplary damages from this definition — those are governed separately, under a different statute entirely.

Why this split decides everything in Mississippi

Only noneconomic damages are capped at all — but which cap applies depends entirely on the type of claim, and the two figures run in opposite directions from what most states do. A medical malpractice claim uses the lower $500,000 figure under § 11-1-60(2)(a); nearly every other personal injury claim uses the higher $1,000,000 figure under (2)(b). Economic damages pass through completely uncapped either way, making a thorough economic damages tally especially valuable once the noneconomic side has maxed out.

The definition stays the same; only the cap and the track differ

Whether a claim falls under the medical malpractice track or the general track, the underlying definition of noneconomic damages in § 11-1-60(1) doesn't change — only the dollar ceiling that applies to it does, based on which subsection governs the type of claim.

Pure comparative negligence treats both categories the same way

Mississippi's pure comparative negligence rule doesn't distinguish between economic and non-economic damages the way the caps do. Both categories are reduced by the same fault percentage, and neither is ever barred entirely — even at a high fault percentage, both categories survive, just reduced.

Economic vs. non-economic damages — frequently asked questions

What are economic damages in a Mississippi personal injury claim?

Economic damages are your documented, out-of-pocket financial losses — medical expenses, lost wages, property damage, and future medical care or lost earning capacity tied to the injury.

What are non-economic damages in a Mississippi personal injury claim?

Non-economic damages are subjective, nonpecuniary harms — pain, suffering, mental anguish, loss of enjoyment of life, and similar losses that don't come with a dollar receipt.

Why does this split matter so much in Mississippi specifically?

Because only noneconomic damages are capped at all, and which of two different caps applies depends entirely on the type of claim — medical malpractice uses the lower $500,000 figure, while most other claims use the higher $1,000,000 figure.

Does Mississippi's noneconomic damages definition exclude anything notable?

Yes — punitive and exemplary damages are explicitly excluded from the statutory definition of noneconomic damages, so they fall outside this cap entirely and are governed by a separate statute instead.

Does this split interact with Mississippi's pure comparative negligence rule?

Not really — pure comparative negligence reduces both economic and noneconomic damages by the same fault percentage, without ever barring either category, regardless of how high that percentage climbs.

This page provides general guidance only and is not legal advice. Figures are based on Miss. Code § 11-1-60, verified per our methodology. Confirm what counts toward a specific claim with a licensed Mississippi attorney before acting.