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Mississippi

Negligence Doctrine: Pure Comparative Negligence

Circuit # 5

Med Pay Subrogation - Yes

PIP Subrogation - No


Statute of Limitations

Statute of Repose: Products N/A
Statute of Repose: Real Property 6 years
Breach of Contract (Written) 6 years
Personal Property 3 years
Personal Injury 3 years
Medical Malpractice 2 years
Warranty 6 years

ABLE TO PURSUE OWNER

Sue Owner for Negligence - NO

Suspend Owner's License - YES


Deductible Reimbursement

Undecided/ Pro Rata Default
No applicable statute, Administrative Code provision or case law exists
 


Garnishment

YES
(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)
 

The first 30 day’s wages after service of garnishment are exempt; After 30 days, 75% of wages are exempt; Employer may withhold and pay when total judgment is collected but must pay at least once per year unless ordered otherwise; Garnishments are paid in the order they are served. The first one served must be paid in full before the second one can be paid; Child support withholding orders are not considered garnishments, thus they are paid regardless of priority. If a debt garnishment and child support withholding order are pending at the same time, the amount to be withheld pursuant to the child support order does not reduce the amount subject to the debt garnishment
 


Parental Responsibility

Property Damage (Between 10 and 18); Vandalism (Minor under 21); Operating Vehicle (Minor Under 17)
Dollar Limit on Parents’ Liability: 
    $5,000 plus court costs Property Damage
    $200 Vandalism
    Unlimited for Operating Vehicle
Liability imposed when child maliciously or willfully damages property; Liability imposed when child willfully defaces/damages sign, device, signal, bridge, underpass, or overpass; Liability imposed on person who signs child’s driver’s application and child negligently or willfully engages in misconduct
 


Subrogation by Landlord's Carrier against Tenant

YES


State Specific Information: Subrogation laws and trends are constantly changing. Maybank & Owings, LLC strives to keep the state specific information up to date with reference to applicable case law, statutory law and/or interpretations provided to it by its network of local attorneys for each jurisdiction. However, it is possible the information or citation(s) may become outdated or superseded by new law(s) for the applicable jurisdiction so all users of this site should formerly retain and consult with their own attorney as to any specific claim in the jurisdiction where the claim arose. The state specific information contained on this site should not be construed as legal advice by Maybank & Owings, LLC nor relied on for any specific claim or factual situation. If you have a specific subrogation question or if you notice an error in the information provided on this site, please contact us.

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