Nursing Home Negligence or Abuse
Statute of Limitations Miss. Stat. Ann. §15-1-49
- Three years from when the injury was discovered, or reasonably should have been discovered.
Damages Cap
- Non-economic damages cap is $1 million for civil actions. Miss. Code Ann. §11-1-60
- Punitive damages cap is based on defendant’s net worth. If defendant’s net worth is $50 million or less, punitive damages are limited to 2% of their net worth. These limitations do not apply if the defendant was committing a felony of acting under the influence of alcohol or illegal drug. Miss. Code Ann. §11-1-65
Medical Malpractice
Statute of Limitations Miss. Code Ann. §15-1-36
- Two years from when the injury was discovered, or reasonably should have been discovered.
- For injuries that result in mental disability, case must be filed within two years of injured individual’s death or removal of their disability, whichever is earlier.
- The defendant must be given 60 days written notice of intent to sue.
Damages Cap
- Non-economic damages cap is $500,000. Miss. Code Ann. §11-1-60
- Punitive damages cap is based on defendant’s net worth. If defendant’s net worth is $50 million or less, punitive damages are limited to 2% of their net worth. These limitations do not apply if the defendant was committing a felony of acting under the influence of alcohol or illegal drug. Miss. Code Ann. §11-1-65
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Wrongful Death
Statute of Limitations Miss. Code Ann. §15-1-36
- Three years. One year if death is caused by intentional act.
Damages Cap
- Non-economic damages cap is $1 million for civil actions. Miss. Code Ann. §11-1-60
- Punitive damages cap is based on defendant’s net worth. If defendant’s net worth is $50 million or less, punitive damages are limited to 2% of their net worth. These limitations do not apply if the defendant was committing a felony of acting under the influence of alcohol or illegal drugs. Miss. Code Ann. §11-1-65
The information provided here was prepared by the Pintas & Mullins Law Firm for research and informational purposes only. It does not constitute legal advice or an attorney-client relationship. While we try to keep this information current, the law is subject to change and it may not be reflected here immediately.
The Pintas & Mullins Law Firm expressly disclaims all liability with respect to actions taken or not taken based on the information provided. If you have a legal question or problem, please consult an attorney immediately.
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