What is the Mississippi Tort Claims Act and why does it matter to you?

August 11, 2008
By Coxwell & Associates on August 11, 2008 4:17 PM |

The Mississippi Tort Claims Act is set of statutes, codified collectively, that explains when, how and whether someone can bring suit against a governmental entity or political subdivision. Well, what is a governmental entity? What is a political subdivision? The easiest way to think of these classifications is that generally if something is owned by the state, a county or city, it will likely fall under the protections of the Mississippi Tort Claims Act.

This is important to you because the Act includes employees - a school teacher at a public school; a doctor at a public hospital; a driver of a public bus; law enforcement, etc. Should these types of individuals cause injury to another, while they are working for their public employer, they are protected by the provisions of the Mississippi Tort Claims Act. And while I encourage you to contact our attorneys who are skilled at navigating litigation involving these laws, the following are a few nuances of the Act:

1 year statute of limitations, from the occurrence of the act that causes injury;
$500,000.00 absolute cap on compensation;
No punitive damages available;
No jury trial available, trial by the sitting judge only;

In addition, there are notice requirements that must be satisfied before a lawsuit can be filed. These notices must be sent at a specific time, to specific individuals and contain very specific information.

If you, a loved one or a friend has been injured due to the negligence of someone working for a publicly-owned entity, at the time of the injury, please contact our office and schedule an initial consultation. Our attorneys can advise you on the further details of lawsuits involving the Mississippi Tort Claims Act, as well as inform you what will be necessary to get started.