Back to Mississippi

SB2691 • 2026

Civil actions; increase the noneconomic damages limitation other than medical malpractice.

AN ACT TO AMEND SECTION 11-1-60, MISSISSIPPI CODE OF 1972, TO INCREASE THE NONECONOMIC DAMAGES LIMITATION FOR ANY CIVIL ACTION OTHER THAN AN ACTION FOR AN INJURY BASED ON MALPRACTICE OR BREACH OF STANDARD OF CARE AGAINST A PROVIDER OF HEALTH CARE; AND FOR RELATED PURPOSES.

Healthcare Labor
Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Simmons (12th)
Last action
2026-02-03
Official status
Dead
Effective date
July 1, 20

Plain English Breakdown

The bill did not pass and has no legal effect.

Increase in Non-Medical Malpractice Damages

This bill increases the limit on noneconomic damages for civil actions that are not related to medical malpractice or breach of standard care by healthcare providers.

What This Bill Does

  • Increases the cap on noneconomic damages from $500,000 to $1.5 million in civil cases except those involving medical malpractice or breach of standard care by health care providers.

Who It Names or Affects

  • People involved in civil lawsuits except those related to medical malpractice or breach of standard care by healthcare providers.

Terms To Know

Noneconomic damages
Subjective losses such as pain and suffering, mental anguish, loss of companionship, etc., that are not easily quantifiable in monetary terms.
Economic damages
Objective financial losses like medical expenses, lost wages, property damage, etc., that can be clearly measured.

Limits and Unknowns

  • The bill did not pass and therefore has no legal effect.
  • It does not apply to cases involving medical malpractice or breach of standard care by health care providers.

Bill History

  1. 2026-02-03 Mississippi Legislative Bill Status System

    02/03 (S) Died In Committee

  2. 2026-01-19 Mississippi Legislative Bill Status System

    01/19 (S) Referred To Judiciary, Division A

Official Summary Text

Civil actions; increase the noneconomic damages limitation other than medical malpractice.

Current Bill Text

Read the full stored bill text
S. B. No. 2691 *SS36/R1256* ~ OFFICIAL ~ G1/2
26/SS36/R1256
PAGE 1 (ens\tb)

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
S. B. No. 2691 *SS36/R1256* ~ OFFICIAL ~
26/SS36/R1256
PAGE 2 (ens\tb)

"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
S. B. No. 2691 *SS36/R1256* ~ OFFICIAL ~
26/SS36/R1256
PAGE 3 (ens\tb)
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