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By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Burned because of someone else?
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What to do after a burn in Mississippi
A third-degree burn damages or destroys the skin to its full depth and harms the tissue beneath it (NIH/NIGMS). Get seen early and keep your follow-up visits.
- Keep the item that burned you and the clothes you had on.
- Photograph the scene, then the wound every week as it heals.
- Get witness names and a copy of the incident report.
- Ask a lawyer to send a letter asking the business to keep its camera footage before it is recorded over.
- Hold off on any recorded statement to an insurer until you have legal advice.
The deadline to file in Mississippi
For most negligence cases, Mississippi relies on a catch-all rule: an action with no other limitation period must be filed within three years after it accrued (Miss. Code Ann. § 15-1-49(1)). Negligence claims for bodily injury, burns included, fall under it.
The same statute has a discovery rule, but only for latent injury or disease. Then the claim does not accrue until you discovered the injury, or with reasonable diligence should have (§ 15-1-49(2)). Ask a Mississippi lawyer before relying on it.
Government cases fall under the Mississippi Tort Claims Act (§ 11-46-11):
- File a written notice of claim at least 90 days before you sue.
- Send it to the chief executive officer of the governmental entity. For a county, that is the chancery clerk; for a city, the city clerk.
- File suit within one year of the conduct. A timely notice pauses that year for 95 days.
How fault works in Mississippi
Contributory negligence does not bar recovery in Mississippi. The jury reduces damages in proportion to the negligence of the injured person (§ 11-7-15).
Picture a server who sets down a fajita skillet straight from the stove without a word of warning. You reach across it and burn your forearm. The restaurant says you should have seen the steam. If the jury gives you part of the fault, your award drops by that share. Even if the jury put most of the blame on you, you could still collect the part owed by the restaurant.
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Damages and caps in Mississippi
Mississippi limits noneconomic damages, such as pain and suffering, under § 11-1-60:
| Type of case | Noneconomic cap |
|---|---|
| Other civil actions, § 11-1-60(2)(b) | $1,000,000 |
| Malpractice against health care providers filed on or after 9/1/2004, § 11-1-60(2)(a) | $500,000, with no inflation adjustment in the text |
Punitive damages require clear and convincing evidence of actual malice, gross negligence evidencing willful, wanton or reckless disregard for others’ safety, or actual fraud. The cap turns on the defendant’s net worth (§ 11-1-65(1)(a), (3)(a)):
| Defendant’s net worth | Punitive cap |
|---|---|
| More than $1 billion | $20 million |
| $750 million to $1 billion | $15 million |
| $500 million to $750 million | $5 million |
| $100 million to $500 million | $3.75 million |
| $50 million to $100 million | $2.5 million |
| $50 million or less | 2% of net worth |
Burns at work in Mississippi
An employer’s liability to pay workers’ compensation is exclusive and in place of all other liability, unless the employer failed to secure compensation (§ 71-3-9). So a worker burned on the job usually claims comp rather than suing the employer. The statute has no written exception for an employer that injures a worker on purpose; ask a Mississippi lawyer whether courts allow one.
Other companies remain open to suit. Taking comp does not affect your right to sue any other party (§ 71-3-71). The employer or insurer gets notice, may join or intervene, and is repaid its comp and medical costs out of the net proceeds after collection costs. Any excess goes to you. You must notify the employer or carrier within 15 days of filing suit.
Burn centers in Mississippi
Mississippi has no ABA-verified burn center. The ABA directory lists two centers in the state, both in Jackson, and neither is verified.
| Center | City | Address | Phone | Patients |
|---|---|---|---|---|
| Mississippi Baptist Medical Center, listed by the ABA (not verified) | Jackson | 1225 N State St, Jackson, MS 39202 | (833) 672-8767 | Adult |
| University of Mississippi Medical Center, listed by the ABA (not verified) | Jackson | 2500 N State St, Batson Tower, First Floor, Jackson, MS 39216 | (601) 984-2876 | Adult & Pediatric |
Source: American Burn Association, Find a Burn Center, directory checked November 2026.
Verified centers in neighboring Louisiana:
| Center | City | Address | Phone | Patients |
|---|---|---|---|---|
| Burn Center at University Medical Center, ABA-verified | New Orleans | 2000 Canal St Ofc 313172, New Orleans, LA 70112 | (504) 702-2876 | Adult |
| Our Lady of Lourdes Burn Center, ABA-verified | Lafayette | 4801 Ambassador Caffery Pkwy, Lafayette, LA 70508 | (337) 470-2603 | Adult |
Source: American Burn Association, Find a Burn Center, directory checked November 2026.
Who may be liable for a burn
Several parties can share the blame for one burn:
- A property owner, such as a landlord whose water heater ran far too hot.
- An outside contractor at your job site whose crew started the fire.
- The maker or seller of a product that failed, like a pressure cooker that burst open.
- A gas or electric utility whose equipment was involved.
- A restaurant that handed over a dish or drink in a way that caused a spill.
How Beverly Law helps in Mississippi
Beverly Law is a California firm, and its attorneys are licensed in California and Washington. For burn injuries in Mississippi, the firm works with attorneys licensed in Mississippi through its referral network. A free case review connects you with a Mississippi-licensed burn injury attorney, usually within one business day.
Related pages
- Burn injury lawyer · Burn injury law by state · Burn centers · Louisiana burn injury law · Alabama burn injury law
This page is general information about Mississippi law, not legal advice, and reading it does not create an attorney-client relationship. Laws change; a lawyer licensed in Mississippi can tell you how they apply to your case.
Common questions
How long do I have to sue for a burn in Mississippi?
Most burn claims fall under the three-year catch-all rule in § 15-1-49(1). If a public body such as a county was involved, the Tort Claims Act requires written notice at least 90 days before suit and a lawsuit within one year of the conduct.
Can I recover if the burn was partly my fault?
Yes. Under § 11-7-15, your own negligence does not bar recovery. The jury lowers your damages in proportion to your share of fault, and the rest is still owed to you, even when your share is large.
Is there a limit on pain and suffering damages?
Yes. Mississippi caps noneconomic damages at $1,000,000 in other civil actions and at $500,000 in malpractice cases against health care providers filed on or after 9/1/2004 (§ 11-1-60). The statute’s text has no inflation adjustment for the malpractice figure.
Where are the burn centers in Mississippi?
The ABA directory lists two, both in Jackson: Mississippi Baptist Medical Center and University of Mississippi Medical Center. Neither is ABA-verified. The verified centers it lists in neighboring Louisiana are in New Orleans and Lafayette. Addresses and phone numbers are in the tables above.
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Burn injury lawyer — Beverly Law
Burned in Mississippi because of someone else? A free case review connects you with a burn injury attorney licensed in Mississippi, usually within one business day.
Related pages
Sources
- lexisnexis.com/hottopics/mscode/
- ameriburn.org/burn-care-team/resources/find-a-burn-center
- ameriburn.org/burn-care-team/resources/burn-centers/mississippi-baptist-m
- ameriburn.org/burn-care-team/resources/burn-centers/university-of-mississ
- ameriburn.org/burn-care-team/resources/burn-centers/burn-center-at-univer
- ameriburn.org/burn-care-team/resources/burn-centers/our-lady-of-lourdes-b
- webarchive.library.unt.edu/web/20130219001112/http://www.nigms.nih.gov/Publications/Fa
Important: Attorney Advertising. This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Beverly Law is a California firm whose attorneys are licensed in California and Washington; for injuries in other states it works with attorneys licensed there through its referral network. Last reviewed: November 6, 2026.