Mississippi Code
Miss. Code Ann. § 11-46-15 (2026)
Limitation of liability; exemplary or punitive damages; interest; attorney's fees; reduction of award
✓ current as of July 2026
- (1) In any claim or suit for damages against a governmental entity or its employee brought under the provisions of this chapter, the liability shall not exceed the following for all claims arising out of a single occurrence for all damages permitted under this chapter:
- (a) For claims or causes of action arising from acts or omissions occurring on or after July 1, 1993, but before July 1, 1997, the sum of Fifty Thousand Dollars ($50,000.00);
- (b) For claims or causes of action arising from acts or omissions occurring on or after July 1, 1997, but before July 1, 2001, the sum of Two Hundred Fifty Thousand Dollars ($250,000.00);
- (c) For claims or causes of action arising from acts or omissions occurring on or after July 1, 2001, the sum of Five Hundred Thousand Dollars ($500,000.00).
- (2) No judgment against a governmental entity or its employee for any act or omission for which immunity is waived under this chapter shall include an award for exemplary or punitive damages or for interest prior to judgment, or an award of attorney's fees unless attorney's fees are specifically authorized by law.
- (3) Except as otherwise provided in Section 11-46-17(4), in any suit brought under the provisions of this chapter, if the verdict which is returned, when added to costs and any attorney's fees authorized by law, would exceed the maximum dollar amount of liability provided in subsection (1) of this section, the court shall reduce the verdict accordingly and enter judgment in an amount not to exceed the maximum dollar amount of liability provided in subsection (1) of this section.
Laws, 1984, ch. 495, § 9; reenacted without change, Laws, 1985, ch. 474, § 8; Laws, 1987, ch. 483, § 8; Laws, 1988, ch. 442, § 5; Laws, 1989, ch. 537, § 5; Laws, 1990, ch. 518, § 5; Laws, 1991, ch. 618, § 5; Laws, 1992, ch. 491 § 2, eff. 5/12/1992.
Notes of Decisions
Cited in 115
cases (14 in the last 5 years), 1989–2026 · leading case: LW v. McComb Separate Mun. Sch. Dist., 754 So. 2d 1136 (Miss. 1999).
LW v. McComb Separate Mun. Sch. Dist., 754 So. 2d 1136 (Miss. 1999). “1998) allows for the purchase of *1145 insurance by a sovereign which then covers claims in excess of the amounts set by Miss.Code Ann. § 11-46-15 (Supp.1998) to the extent of the policy.”
Mississippi Mun. Liab. Plan v. Jordan, 863 So. 2d 934 (Miss. 2003). “Therein, Combes attested that Jones was in fact acting within his official capacity as a Taylorsville officer at the time of the accident and that Taylorsville is a member of MMLP with coverage of $50,000, pursuant to Miss.Code Ann. §11-46-15. ¶ 7. Hill, Jordan, Keyes, and…”
Mississippi Dept. of Human Servs. v. Sw, 974 So. 2d 253 (Miss. Ct. App. 2007). “DHS also claims that the award of $750,000 was in contradiction to the statutory limitations of Mississippi Code Annotated Section 11-46-15(1). It contends that Mississippi Code Annotated Section 11-46-15(3) mandates a reduction of the award to $50,000.”
City of Jackson v. Perry, 764 So. 2d 373 (Miss. 2000). “The City argues that pursuant to Miss. Code Ann. § 11-46-15 (1)(a)(Supp.1999), the City of Jackson has sovereign immunity for any claim in excess of $50,000.”
Est. of Klaus v. Vicksburg Healthcare, 972 So. 2d 555 (Miss. 2007). “" Miss.Code Ann. § 11-46-15(1) (Rev.2002) (emphasis added).”
Mississippi Dept. of Mental Health v. Hall, 936 So. 2d 917 (Miss. 2006). “The circuit judge found that $1,000,000 for actual and compensatory damages [4] was appropriate.”
Barnes v. Singing River Hosp. Sys., 733 So. 2d 199 (Miss. 1999). “Section 11-46-17(4) of the Mississippi Tort Claims Act provides: Any governmental entity of the state may purchase liability insurance to cover claims in excess of the amounts provided for in Section 11-46-15 and may be sued by anyone in excess of the amounts provided for in…”
Mississippi Dep't of Human Servs. v. S.W., 111 So. 3d 630 (Miss. Ct. App. 2012). “…Funds, Inc., 726 So.2d 144, 148-49 (¶¶ 17-18) (Miss.1998); Smith v. Sneed, 638 So.2d 1252, 1255-56 (Miss.1994). . See Miss.Code Ann. § 11-46-15.”
Allred v. Yarborough, 843 So. 2d 727 (Miss. 2003). “In accordance with statutorily mandated limits found in Miss.Code Ann. § 11-46-15, the policy limited the amount which Reliance would pay for any one accident or loss occurring in the State of Mississippi to $50,000.”
Delta Reg'l Med. Ctr. v. Venton, 964 So. 2d 500 (Miss. 2007). “2002) provides that: Any governmental entity of the state may purchase liability insurance to cover claims in excess of the amounts provided for in Section 11-46-15 and may be sued by anyone in excess of the amounts provided for in Section 11-46-15 to the extent of such…”
Prentiss Cnty. Bd. of Educ. v. Beaumont, 815 So. 2d 1135 (Miss. 2002). “Since Mississippi is a "single occurrence" state, and given the explicit language of Miss. Code Ann. § 11-46-15 (3) (Supp.2001), requiring the reduction here, we reverse and remand for entry of a new judgment in the amount of available liability insurance coverage.”
City of Jackson v. Est. of Stewart Ex Rel. Womack, 908 So. 2d 703 (Miss. 2005). “§ 11-46-5 provided a limited waiver of the immunity granted under Section 11-46-3, and it further provides that Miss.Code Ann. § 11-46-15 shall set "the extent of the maximum amount of liability.”
— Miss. Code Ann. § 11-46-15(1) — 9 cases
Mississippi Dept. of Human Servs. v. Sw, 974 So. 2d 253 (Miss. Ct. App. 2007). “DHS also claims that the award of $750,000 was in contradiction to the statutory limitations of Mississippi Code Annotated Section 11-46-15(1). It contends that Mississippi Code Annotated Section 11-46-15(3) mandates a reduction of the award to $50,000.”
Est. of Klaus v. Vicksburg Healthcare, 972 So. 2d 555 (Miss. 2007). “" Miss.Code Ann. § 11-46-15(1) (Rev.2002) (emphasis added).”
Allred v. Yarborough, 843 So. 2d 727 (Miss. 2003). “In accordance with statutorily mandated limits found in Miss.Code Ann. § 11-46-15, the policy limited the amount which Reliance would pay for any one accident or loss occurring in the State of Mississippi to $50,000.”
Mississippi Dep't of Human Servs. v. S.W., 111 So. 3d 630 (Miss. Ct. App. 2012). “…Funds, Inc., 726 So.2d 144, 148-49 (¶¶ 17-18) (Miss.1998); Smith v. Sneed, 638 So.2d 1252, 1255-56 (Miss.1994). . See Miss.Code Ann. § 11-46-15.”
Prentiss Cnty. Bd. of Educ. v. Beaumont, 815 So. 2d 1135 (Miss. 2002). “Since Mississippi is a "single occurrence" state, and given the explicit language of Miss. Code Ann. § 11-46-15 (3) (Supp.2001), requiring the reduction here, we reverse and remand for entry of a new judgment in the amount of available liability insurance coverage.”
— Miss. Code Ann. § 11-46-15(1)(a) — 10 cases
Pearl Pub. Sch. Dist. v. Groner, 784 So. 2d 911 (Miss. 2001).
Est. of Klaus v. Vicksburg Healthcare, 972 So. 2d 555 (Miss. 2007). “" Miss.Code Ann. § 11-46-15(1) (Rev.2002) (emphasis added).”
Mississippi Dept. of Transp. v. Trosclair, 851 So. 2d 408 (Miss. Ct. App. 2003).
Knight v. McKee, 781 So. 2d 121 (Miss. 2001).
City of Jackson v. Perry, 764 So. 2d 373 (Miss. 2000). “The City argues that pursuant to Miss. Code Ann. § 11-46-15 (1)(a)(Supp.1999), the City of Jackson has sovereign immunity for any claim in excess of $50,000.”
— Miss. Code Ann. § 11-46-15(1)(a)(b) — 1 case
Mississippi Dept. of Human Servs. v. Sw, 974 So. 2d 253 (Miss. Ct. App. 2007). “DHS also claims that the award of $750,000 was in contradiction to the statutory limitations of Mississippi Code Annotated Section 11-46-15(1). It contends that Mississippi Code Annotated Section 11-46-15(3) mandates a reduction of the award to $50,000.”
— Miss. Code Ann. § 11-46-15(1)(b) — 3 cases
Delta Reg'l Med. Ctr. v. Venton, 964 So. 2d 500 (Miss. 2007). “2002) provides that: Any governmental entity of the state may purchase liability insurance to cover claims in excess of the amounts provided for in Section 11-46-15 and may be sued by anyone in excess of the amounts provided for in Section 11-46-15 to the extent of such…”
Prentiss Cnty. Bd. of Educ. v. Beaumont, 815 So. 2d 1135 (Miss. 2002). “Since Mississippi is a "single occurrence" state, and given the explicit language of Miss. Code Ann. § 11-46-15 (3) (Supp.2001), requiring the reduction here, we reverse and remand for entry of a new judgment in the amount of available liability insurance coverage.”
Delta Reg'l Med. Ctr. v. Michael Venton (Miss. 2004).
— Miss. Code Ann. § 11-46-15(1)(b)(1) — 2 cases
Miga v. Cole Ex Rel. Dillon, 954 So. 2d 407 (Miss. 2007).
Mississippi Ins. Guar. Ass'n v. Kyndall Cole (Miss. 2005).
— Miss. Code Ann. § 11-46-15(1)(c) — 4 cases
Univ. of Miss. Med. Ctr. v. Peacock, 972 So. 2d 619 (Miss. Ct. App. 2006).
Charles Carter v. The State of Mississippi, Mississippi Dep't of Transp. & Sec'y of State for the Stat (Miss. Ct. App. 2026).
Univ. of Mississippi Med. Ctr. v. Isadore Thomas, Jr. (Miss. Ct. App. 2026).
Melissa Whiting v. Univ. of S. Mississippi (Miss. 2008).
— Miss. Code Ann. § 11-46-15(2) — 14 cases
City of Jackson v. Williamson, 740 So. 2d 818 (Miss. 1999).
Mississippi Dept. of Mental Health v. Hall, 936 So. 2d 917 (Miss. 2006). “The circuit judge found that $1,000,000 for actual and compensatory damages [4] was appropriate.”
U. of Ms. Med. Ctr. v. Pounders, 970 So. 2d 141 (Miss. 2007).
Miss. Transp. Com'n v. Ronald Adams Cont., 753 So. 2d 1077 (Miss. 2000).
State v. Blenden, 748 So. 2d 77 (Miss. 1999).
— Miss. Code Ann. § 11-46-15(3) — 7 cases
Prentiss Cnty. Bd. of Educ. v. Beaumont, 815 So. 2d 1135 (Miss. 2002). “Since Mississippi is a "single occurrence" state, and given the explicit language of Miss. Code Ann. § 11-46-15 (3) (Supp.2001), requiring the reduction here, we reverse and remand for entry of a new judgment in the amount of available liability insurance coverage.”
Mississippi Dept. of Human Servs. v. Sw, 974 So. 2d 253 (Miss. Ct. App. 2007). “DHS also claims that the award of $750,000 was in contradiction to the statutory limitations of Mississippi Code Annotated Section 11-46-15(1). It contends that Mississippi Code Annotated Section 11-46-15(3) mandates a reduction of the award to $50,000.”
Simpson v. City of Pickens, 761 So. 2d 855 (Miss. 2000).
Mississippi Mun. Liab. Plan v. Jordan, 863 So. 2d 934 (Miss. 2003). “Therein, Combes attested that Jones was in fact acting within his official capacity as a Taylorsville officer at the time of the accident and that Taylorsville is a member of MMLP with coverage of $50,000, pursuant to Miss.Code Ann. §11-46-15. ¶ 7. Hill, Jordan, Keyes, and…”
City of Jackson v. Perry, 764 So. 2d 373 (Miss. 2000). “The City argues that pursuant to Miss. Code Ann. § 11-46-15 (1)(a)(Supp.1999), the City of Jackson has sovereign immunity for any claim in excess of $50,000.”
— Miss. Code Ann. § 11-46-15(a) — 4 cases
Barnes v. Singing River Hosp. Sys., 733 So. 2d 199 (Miss. 1999). “Section 11-46-17(4) of the Mississippi Tort Claims Act provides: Any governmental entity of the state may purchase liability insurance to cover claims in excess of the amounts provided for in Section 11-46-15 and may be sued by anyone in excess of the amounts provided for in…”
City of Jackson v. Perry, 764 So. 2d 373 (Miss. 2000). “The City argues that pursuant to Miss. Code Ann. § 11-46-15 (1)(a)(Supp.1999), the City of Jackson has sovereign immunity for any claim in excess of $50,000.”
Knight v. McKee, 781 So. 2d 121 (Miss. 2001).
Lisa Gail Barnes v. Singing River Hosp. Sys. (Miss. 1997).
— Miss. Code Ann. § 11-46-15(l) — 1 case
Mississippi Dep't of Human Servs. v. S.W., 111 So. 3d 630 (Miss. Ct. App. 2012). “…Funds, Inc., 726 So.2d 144, 148-49 (¶¶ 17-18) (Miss.1998); Smith v. Sneed, 638 So.2d 1252, 1255-56 (Miss.1994). . See Miss.Code Ann. § 11-46-15.”
— Miss. Code Ann. § 11-46-15(l)(b) — 1 case
City of Jackson v. Est. of Stewart Ex Rel. Womack, 48 So. 3d 502 (Miss. 2010).
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