Personal Injury ~ Car Wreck ~ 18 Wheeler Crash ~ Motorcycle Accident

A Mississippi Tort Claims Act (MTCA) claim is how you bring a lawsuit against a government entity or its employees in Mississippi for negligence or wrongful acts.

The Mississippi Tort Claims Act (Miss. Code Ann. § 11-46-1 et seq.) allows people to sue:

• State agencies
• Counties
• Cities/municipalities
• Public employees (in their official capacity)

This is important because, without the MTCA, sovereign immunity would generally block these claims.

Typical claims include:

• Car accidents involving government vehicles

• Slip and falls on public property

• Negligence by police, fire departments, or public employees

• Dangerous conditions on government-maintained property

Mississippi is very strict about procedure.

Notice of Claim (90-Day Requirement) per Miss. Code Ann. § 11-46-11(1).

Before filing suit, you must send a written Notice of Claim to the government entity at least 90 days before filing a lawsuit.

• Generally 1 year from the date of the injury per Miss. Code Ann. § 11-46-11(3)

• The 90-day notice period can toll (pause) the deadline in some situations

MTCA cases are decided by a judge only (bench trial) per Miss. Code Ann. § 11-46-13(1).

Mississippi caps damages at:

• $500,000 per occurrence (for most claims) per Miss. Code Ann. § 11-46-15(1)(c).

• No exemplary or punitive damages are allowed per Miss. Code Ann. § 11-46-15(2).

The government is still protected in many situations, per Miss. Code Ann. § 11-46-9, including:

• Discretionary function immunity (policy decisions)

• Police/fire protection activities

• Certain road design and maintenance issues

• Acts outside the scope of employment

• The government entity itself.

• No employee shall be held personally liable for acts or omissions occurring within the course and scope of the employee’s duties.

• Miss. Code Ann. § 11-46-7

• Example: City of Jackson, MDOT, county board, etc.