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To: Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Simmons (12th)
SENATE BILL NO. 2691
AN ACT TO AMEND SECTION 11-1-60, MISSISSIPPI CODE OF 1972, TO 1
INCREASE THE NONECONOMIC DAMAGES LIMITATION FOR ANY CIVIL ACTION 2
OTHER THAN AN ACTION FOR AN INJURY BASED ON MALPRACTICE OR BREACH 3
OF STANDARD OF CARE AGAINST A PROVIDER OF HEALTH CARE; AND FOR 4
RELATED PURPOSES. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 6
SECTION 1. Section 11-1-60, Mississippi Code of 1972, is 7
amended as follows: 8
11-1-60. (1) For the purposes of this section, the 9
following words and phrases shall have the meanings ascribed 10
herein unless the context clearly requires otherwise: 11
(a) "Noneconomic damages" means subjective, 12
nonpecuniary damages arising from death, pain, suffering, 13
inconvenience, mental anguish, worry, emotional distress, loss of 14
society and companionship, loss of consortium, bystander injury, 15
physical impairment, disfigurement, injury to reputation, 16
humiliation, embarrassment, loss of the enjoyment of life, hedonic 17
damages, other nonpecuniary damages, and any other theory of 18
damages such as fear of loss, illness or injury. The term 19
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"noneconomic damages" shall not include punitive or exemplary 20
damages. 21
(b) "Actual economic damages" means objectively 22
verifiable pecuniary damages arising from medical expenses and 23
medical care, rehabilitation services, custodial care, 24
disabilities, loss of earnings and earning capacity, loss of 25
income, burial costs, loss of use of property, costs of repair or 26
replacement of property, costs of obtaining substitute domestic 27
services, loss of employment, loss of business or employment 28
opportunities, and other objectively verifiable monetary losses. 29
(2) (a) In any cause of action filed on or after September 30
1, 2004, for injury based on malpractice or breach of standard of 31
care against a provider of health care, including institutions for 32
the aged or infirm, in the event the trier of fact finds the 33
defendant liable, they shall not award the plaintiff more than 34
Five Hundred Thousand Dollars ($500,000.00) for noneconomic 35
damages. 36
(b) In any civil action filed on or after September 1, 37
2004, other than those actions described in paragraph (a) of this 38
subsection, in the event the trier of fact finds the defendant 39
liable, they shall not award the plaintiff more than * * * One 40
Million Five Hundred Thousand ($1,500,000.00) for noneconomic 41
damages. 42
It is the intent of this section to limit all noneconomic 43
damages to the above. 44
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ST: Civil actions; increase the noneconomic
damages limitation other than medical
malpractice.
(c) The trier of fact shall not be advised of the 45
limitations imposed by this subsection (2) and the judge shall 46
appropriately reduce any award of noneconomic damages that exceeds 47
the applicable limitation. 48
(3) Nothing contained in subsection (1) of this section 49
shall be construed as creating a cause of action or as setting 50
forth elements of or types of damages that are or are not 51
recoverable in any type of cause of action. 52
SECTION 2. This act shall take effect and be in force from 53
and after July 1, 2026. 54