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S. B. No. 2133 *SS36/R112* ~ OFFICIAL ~ G1/2
26/SS36/R112
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To: Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Blackmon
SENATE BILL NO. 2133
AN ACT TO STATE LEGISLATIVE FINDINGS; TO AMEND SECTION 1
11-1-60, MISSISSIPPI CODE OF 1972, TO INCREASE THE NONECONOMIC 2
DAMAGES LIMITATION FOR ANY CIVIL ACTION OTHER THAN AN ACTION FOR 3
AN INJURY BASED ON MALPRACTICE OR BREACH OF STANDARD OF CARE 4
AGAINST A PROVIDER OF HEALTH CARE; AND FOR RELATED PURPOSES. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 6
SECTION 1. (1) The Legislature finds that the United States 7
Dollar has had an average inflation rate of two and six-tenths 8
percent (2.6%) per year between 2004 and today. 9
(2) The Legislature further finds that the average inflation 10
rate has produced a cumulative price increase of sixty-seven and 11
two one-hundredths percent (67.02%). 12
(3) The Legislature further finds that one (1) United States 13
dollar in 2004 is equivalent in purchasing power to approximately 14
One Dollar and Sixty-seven Cents ($1.67) today. 15
SECTION 2. Section 11-1-60, Mississippi Code of 1972, is 16
amended as follows: 17
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11-1-60. (1) For the purposes of this section, the 18
following words and phrases shall have the meanings ascribed 19
herein unless the context clearly requires otherwise: 20
(a) "Noneconomic damages" means subjective, 21
nonpecuniary damages arising from death, pain, suffering, 22
inconvenience, mental anguish, worry, emotional distress, loss of 23
society and companionship, loss of consortium, bystander injury, 24
physical impairment, disfigurement, injury to reputation, 25
humiliation, embarrassment, loss of the enjoyment of life, hedonic 26
damages, other nonpecuniary damages, and any other theory of 27
damages such as fear of loss, illness or injury. The term 28
"noneconomic damages" shall not include punitive or exemplary 29
damages. 30
(b) "Actual economic damages" means objectively 31
verifiable pecuniary damages arising from medical expenses and 32
medical care, rehabilitation services, custodial care, 33
disabilities, loss of earnings and earning capacity, loss of 34
income, burial costs, loss of use of property, costs of repair or 35
replacement of property, costs of obtaining substitute domestic 36
services, loss of employment, loss of business or employment 37
opportunities, and other objectively verifiable monetary losses. 38
(2) (a) In any cause of action filed on or after September 39
1, 2004, for injury based on malpractice or breach of standard of 40
care against a provider of health care, including institutions for 41
the aged or infirm, in the event the trier of fact finds the 42
S. B. No. 2133 *SS36/R112* ~ OFFICIAL ~
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ST: Civil actions; increase the noneconomic
damages limitation other than medical
malpractice.
defendant liable, they shall not award the plaintiff more than 43
Five Hundred Thousand Dollars ($500,000.00) for noneconomic 44
damages. 45
(b) In any civil action filed on or after September 1, 46
2004, other than those actions described in paragraph (a) of this 47
subsection, in the event the trier of fact finds the defendant 48
liable, they shall not award the plaintiff more than * * * Two 49
Million Dollars ($2,000,000.00) for noneconomic damages. 50
It is the intent of this section to limit all noneconomic 51
damages to the above. 52
(c) The trier of fact shall not be advised of the 53
limitations imposed by this subsection (2) and the judge shall 54
appropriately reduce any award of noneconomic damages that exceeds 55
the applicable limitation. 56
(3) Nothing contained in subsection (1) of this section 57
shall be construed as creating a cause of action or as setting 58
forth elements of or types of damages that are or are not 59
recoverable in any type of cause of action. 60
SECTION 3. This act shall take effect and be in force from 61
and after July 1, 2026. 62