Mississippi Asbestos & Mesothelioma Lawsuits: Deadlines, Claims, and Legal Options

From the shipyards of Pascagoula to the paper mills along the Mississippi River, the Magnolia State's industrial heritage has left a devastating legacy of asbestos exposure throughout Mississippi. Our comprehensive database documents 858 asbestos exposure sites across 149 Mississippi communities—from Ingalls Shipyard in Pascagoula where naval vessels were built for America's defense to the International Paper facilities in Natchez, and from the port operations in Gulfport to the chemical plants that supported Mississippi's industrial economy. From the naval vessels constructed at Pascagoula to the industrial facilities that lined the state's rivers, Mississippi's industrial legacy includes countless worksites where employees encountered asbestos-containing materials.

Mississippi offers a mixed legal framework for mesothelioma families with both favorable and challenging elements. The state provides a three-year filing deadline from diagnosis, uses pure comparative fault that allows recovery even if you're mostly at fault, and follows a traditional collateral source rule that maximizes medical expense recovery. However, Mississippi caps noneconomic damages at $1 million, has abolished joint liability, and imposes strict requirements for punitive damages.

Time is important in Mississippi. The state's three-year discovery rule means your family has until 2027 to file if diagnosed in 2024. However, Mississippi's six-year statute of repose can bar construction-related claims, and the state's several-only liability system means that if responsible companies are bankrupt, you cannot recover their share from remaining defendants—making thorough case investigation essential.

This page is part of our broader mission. I started this firm after learning that the cancers that killed my father and grandparents were caused by asbestos—something we didn't realize until it was too late to hold anyone accountable. That experience is why we built this site: to make sure no other family misses their chance.

— Firm Founder, Justinian Lane

If you’re trying to make sense of complex legal and medical terms, our Asbestos Lexicon explains the terminology in plain English. For a deeper understanding of how mesothelioma lawsuits actually work—from proving liability to calculating damages—visit our Complete Guide to Mesothelioma Lawsuits.

Free Case Review | No Fees Unless We Win | Call 833-4-ASBESTOS

Mississippi Asbestos Law Summary

Mississippi Asbestos Law Details

Mississippi allows asbestos victims and their families to pursue compensation through personal injury and wrongful death lawsuits, but the state’s legal framework includes important limits. The law applies a strict three-year discovery-based statute of limitations and a six-year statute of repose for construction-related exposures. Mississippi follows a pure comparative fault rule, limits recovery through several-only liability, and imposes statutory caps on noneconomic and punitive damages. While plaintiffs can recover the full value of medical bills regardless of insurance payments, joint and several liability is limited, and punitive damages require clear and convincing proof of egregious misconduct.

Statutes of Limitations and Repose

Mississippi applies a three-year statute of limitations for personal injury and wrongful death claims, including asbestos-related diseases (Miss. Code Ann. § 15-1-49). The clock begins when the injury is discovered or reasonably should have been discovered, making this a discovery-rule jurisdiction (Angle v. Koppers, Inc., 42 F. Supp. 3d 596 (N.D. Miss. 2014)).

Mississippi also enforces a six-year statute of repose for construction-related claims. Plaintiffs must bring any action within six years after substantial completion of construction or improvement to real property (Miss. Code Ann. § 15-1-41). This may bar asbestos claims involving older building materials unless an exception—such as fraudulent concealment—applies.

Eligibility to Sue

Individuals diagnosed with mesothelioma, asbestosis, or other asbestos-related conditions may file personal injury lawsuits. If the injured person dies, their estate may bring:

• A wrongful death claim under Miss. Code Ann. § 11-7-13, and

• A survival claim under Miss. Code Ann. § 91-7-233, to recover for damages suffered before death.

Mississippi also permits loss of consortium claims by spouses in conjunction with the primary injury or death suit (McCoy v. Colonial Baking Co., 572 So. 2d 850 (Miss. 1990)).

Workers’ Compensation Limitations

Under Mississippi’s Workers’ Compensation Law (Miss. Code Ann. § 71-3-9), employees generally cannot sue their employers for injuries sustained on the job. The Act provides an exclusive remedy for work-related asbestos exposure.

However, plaintiffs may still bring civil suits against third parties, such as asbestos product manufacturers, contractors, or premises owners. The employer may have a right of reimbursement from any recovery, depending on the benefits paid and case outcome.

Damages and Caps

Mississippi allows recovery of economic and noneconomic damages in asbestos cases:

• Economic damages: Medical bills, lost wages, and future care are fully recoverable with no cap.

• Noneconomic damages: Capped at $1,000,000 in most personal injury and wrongful death cases (Miss. Code Ann. § 11-1-60(2)(b)). This cap does not apply in medical malpractice claims or to economic losses.

• Punitive damages: Available under strict standards, but subject to caps.

Punitive damages require clear and convincing evidence of actual malice, gross negligence, or willful disregard for safety (Miss. Code Ann. § 11-1-65). The cap varies by the defendant’s net worth:

• $20 million cap for net worth > $1 billion

• $15 million for net worth $750M–$1B

• $5 million for net worth $500M–$750M

• $2.5 million for net worth $100M–$500M

• 2% of net worth if under $50 million

Punitive damages are not available in cases solely involving product liability unless there is evidence of fraud, concealment, or reckless disregard (§ 11-1-63).

Comparative Fault and Joint Liability

Mississippi applies pure comparative fault (Miss. Code Ann. § 11-7-15), which means plaintiffs may recover damages even if they are 99% at fault. However, their recovery is reduced by their percentage of fault.

The state has abolished joint and several liability in most tort cases. Each defendant is responsible only for their percentage of fault (Miss. Code Ann. § 85-5-7). This rule applies to both economic and noneconomic damages, unless the defendants acted in concert or under specific exceptions.

Collateral Source Rule

Mississippi follows a traditional collateral source rule, allowing plaintiffs to recover the full billed amount of medical services—even if some of it was paid by insurance or government programs (Busick v. St. John, 856 So. 2d 304 (Miss. 2003)). Defendants are not allowed to introduce evidence of insurance payments to reduce awards.

This rule maximizes recovery for plaintiffs who used Medicare or private insurance to cover their treatment.

Standards of Proof and Causation

To establish liability, Mississippi plaintiffs must prove the traditional elements of negligence: duty, breach, causation, and damages. In asbestos litigation, the substantial factor test is used to assess whether a defendant’s product or conduct meaningfully contributed to the plaintiff’s disease (Boyd v. Glucklich, 200 So. 3d 1080 (Miss. Ct. App. 2016)).

Mississippi follows the Daubert standard for expert testimony, codified in Miss. R. Evid. 702. The court must ensure the expert’s testimony is:

• Based on sufficient facts,

• The product of reliable principles and methods, and

• Properly applied to the facts of the case.

Wrongful Death and Survival

Mississippi recognizes both wrongful death (Miss. Code Ann. § 11-7-13) and survival claims (§ 91-7-233). The wrongful death statute allows recovery for:

• Loss of society and companionship,

• Funeral expenses,

• Pecuniary losses,

• And, in some cases, punitive damages.

A survival action may be brought by the estate to recover damages the decedent suffered before death, including conscious pain and suffering and medical expenses. These claims are commonly filed together in asbestos cases.

How Mississippi Law Works in Practice

Meet James, a 72-year-old retired shipyard welder from Pascagoula. From 1975 to 1992, James worked on vessels lined with asbestos insulation, frequently cutting and grinding pipes and gaskets in poorly ventilated spaces. In May 2024, after experiencing chest pain and shortness of breath, James was diagnosed with pleural mesothelioma.

Mississippi’s three-year statute of limitations begins when an injury is discovered or should have been discovered (Miss. Code Ann. § 15-1-49). Because James only learned about his diagnosis and its connection to asbestos in May 2024, he has until May 2027 to file a personal injury claim.

If James passes away before filing, his family may still bring both a wrongful death claim (§ 11-7-13) and a survival action (§ 91-7-233). The wrongful death claim would allow recovery for the family’s losses, while the survival claim would compensate for James’s pain and medical expenses prior to death.

Because James was exposed at work, he cannot sue his employer due to workers’ compensation exclusivity (§ 71-3-9). However, he can sue third parties like manufacturers of asbestos products or property owners. Any compensation from third-party lawsuits may be subject to reimbursement for workers’ compensation benefits already paid.

To win, James’s lawyers must show that asbestos products from each defendant were a substantial factor in causing his disease (Boyd v. Glucklich, 200 So. 3d 1080). His attorneys will rely on Daubert-compliant experts to establish exposure, fiber type, and medical causation (Miss. R. Evid. 702).

Mississippi follows pure comparative fault (§ 11-7-15), so even if James is found 95% responsible for failing to wear protective gear, he can still recover 5% of his total damages. However, under several-only liability (§ 85-5-7), each defendant will only pay their own share—meaning if one company is bankrupt, James cannot collect that portion from others.

If awarded, James’s noneconomic damages (pain, suffering, loss of enjoyment) will be capped at $1,000,000 (§ 11-1-60). He may also be eligible for punitive damages, but only if his legal team proves gross negligence or willful disregard by clear and convincing evidence (§ 11-1-65). The cap on punitive damages will depend on the defendant’s net worth.

Because Mississippi follows a traditional collateral source rule, the jury will be allowed to consider the full amount James was billed for medical services—even if Medicare or insurance covered some of the cost (Busick v. St. John, 856 So. 2d 304). This could significantly increase his total recovery.

This is a hypothetical example based on real Mississippi law. Every case is unique. If you or someone you love has been diagnosed with mesothelioma, call 833-4-ASBESTOS to learn how Mississippi law applies to your situation.

Why Choose Our Firm to Handle Your Family's Mississippi Mesothelioma Case?

Our proprietary database contains detailed records of 858 asbestos exposure sites across 149 Mississippi communities—from Pascagoula's legendary Ingalls Shipyard to the industrial facilities along the Mississippi River. While other firms spend months investigating your exposure history, we often know within days which companies owe you compensation.

The Result? Faster trust claims, stronger lawsuits, and maximum recovery for your Mississippi family—because we've already done much of the detective work your case requires.

Learn more about our firm and our database

Mississippi Database Highlights:

If you or someone in your family has been diagnosed with mesothelioma or another asbestos-related disease, our firm can begin helping your family today. Here's how:

Asbestos Trust Claims

Hundreds of companies have set aside billions specifically for asbestos victims. These claims often resolve faster than lawsuits and don't require going to court. Our Mississippi database contains detailed records of which trust-affiliated companies supplied materials to sites across the state—from Ingalls Shipyard in Pascagoula to industrial facilities throughout Mississippi.

For example, if you worked at Ingalls Shipyard in Pascagoula, our database shows that you may be eligible for claims against the NARCO Asbestos Trust (potentially recovering $75,000 to $400,000) and the Pittsburgh Corning Corporation Asbestos Trust, among others.

Asbestos Lawsuits

You can hold companies accountable through Mississippi's court system, though the state's damage caps require strategic approach. Our database strengthens your case with documented evidence and court precedents from Mississippi worksites. We don't just argue you were exposed—we can cite specific depositions and trial records that already established liability at facilities like Ingalls Shipyard and other Mississippi industrial sites.

Our database contains detailed records from Mississippi's industrial sites, including testimony about which defendants' products were used in shipbuilding, paper manufacturing, and port operations. This gives us crucial evidence about product failures and safety violations specific to Mississippi's industrial environment.

Asbestos Disability Claims

Both Social Security and VA benefits provide monthly income while you pursue other compensation options. These are benefits you've already earned, and our specialized military database is particularly powerful for veterans. Mississippi's Ingalls Shipyard and other military-related facilities mean many residents have potential VA claims from service-connected exposure.

Our records are especially valuable for veterans who served on vessels built at Ingalls Shipyard or worked in Mississippi's defense-related industries, helping prove exposure that gets VA claims approved faster.

Learn more about the legal options available to your family

Ready to Pursue Your Mississippi Mesothelioma Case?

Whether you were exposed to asbestos at Ingalls Shipyard in Pascagoula, paper mills in Natchez, or any of Mississippi's documented exposure sites, our experienced mesothelioma team is ready to fight for your rights within Mississippi's legal framework.

Why Mississippi's Legal Framework Requires Strategic Navigation:

• Three-year filing deadline from diagnosis requires prompt action

• $1 million cap on noneconomic damages limits pain and suffering recovery

• Several-only liability means bankrupt companies' shares cannot be recovered from others

• Six-year statute of repose can bar construction-related claims

• Pure comparative fault allows recovery even with shared blame

What We'll Do for Your Mississippi Family:

• Immediate case evaluation to ensure filing before Mississippi's deadlines and repose periods

• Comprehensive trust claim filings using our proprietary database of Mississippi exposure sites

• Strategic lawsuit preparation designed around Mississippi's damage caps and liability rules

• Expert navigation of Mississippi's pure comparative fault system to maximize available recovery

Get started today. Our Mississippi mesothelioma team understands both the state's industrial and maritime history and the specific challenges of Mississippi's legal framework—and we're ready to put that expertise to work for your family immediately.

Free Case Review | No Fees Unless We Win | Call 833-4-ASBESTOS