If you’ve been injured in an accident, you may already know that you can seek compensation for damages to help replace any income lost due to the incident, medical expenses, and even pain and suffering. But what about punitive damages?

Seasoned representation from a Mississippi car accident lawyer can help you determine if your case qualifies for punitive damages, and Langston & Lott, PLLC, can lead the fight to see that you get the compensation you deserve. Contact us as soon as possible after a car accident for a free consultation to determine your rights.

What Are Punitive Damages?

Punitive damages, also known as exemplary damages, are a specific type of monetary compensation awarded in civil lawsuits. Unlike compensatory damages, which aim to reimburse the victim for real losses such as medical expenses, lost wages, and pain and suffering, punitive damages are intended to punish the wrongdoer for particularly egregious behavior and deter similar conduct in the future.

Punitive damages are not awarded in every case; they are generally reserved for instances where the defendant’s actions were found to be grossly negligent, malicious, or fraudulent. The overarching goal is not just to make the victim whole but to impose a penalty on the defendant, thereby serving the interests of justice and the community.

What Is the Difference Between Punitive Damages and Compensatory Damages?

The purpose of compensatory damages is to reimburse the victim for any harm or wrongful act. Punitive damages are awarded in addition to compensatory damages when the misconduct is considered grossly negligent, intentional, or malicious. These are intended to discourage the defendant from engaging in similar wrongful conduct in the future.

When Can I Seek Punitive Damages in a MS Personal Injury Case?

According to the Cornell Law School Legal Information Institute, “Courts apply punitive damages in about 5% of verdicts. Recently, courts have begun to evaluate the appropriateness of assigning punitive damages in comparison to the amount of compensatory damages assigned. While the Supreme Court has not assigned a particular test to use when courts consider punitive damages, in State Farm v. Campbell (2003), the Court wrote that lower courts should focus on reprehensibility and acceptable punitive-to-compensatory damage ratios.”

In Mississippi, punitive damages can be sought in personal injury cases under specific circumstances. To have a valid claim for punitive damages, the plaintiff must demonstrate that the defendant’s conduct was not only negligent but also exhibited an entire disregard for the safety and rights of others.

Mississippi law provides a standard that plaintiffs must meet to qualify for punitive damages. According to Mississippi Code Section 11-1-65, punitive damages can be awarded if the defendant acted with:

1.         Malicious Intent: The defendant acted with the intention of causing harm or was aware that their actions were likely to cause harm but proceeded anyway.
2.         Gross Negligence: This is defined as a reckless disregard for the safety of others, meaning the defendant’s actions were more than just negligent—they were blatant and have a clear disregard for the well-being of others.
3.         Fraud: If the defendant engaged in deceptive practices that led to the injury, punitive damages may also be applicable.

For example, if a driver causes an accident while under the influence of alcohol, their actions may be deemed reckless and warrant punitive damages.

How Are Punitive Damages Calculated?

The calculation of punitive damages does not follow a set formula like compensatory damages, which are based on quantifiable losses. Instead, punitive damages take into account several factors, including:

•          Severity of the Misconduct: The more egregious the defendant’s behavior, the higher the potential punitive damages.
•          Defendant’s Financial Condition: Courts may consider the defendant’s financial resources to determine a punitive amount that is both significant to the defendant and justifiable in terms of deterring similar future conduct.
•          Relationship to Compensatory Damages: While there’s no strict rule, punitive damages are typically capped at a ratio relative to compensatory damages, with many jurisdictions maintaining a guideline of roughly 1:1 or 3:1.
•          Public Policy Considerations: Courts might also consider societal interests and whether punitive damages serve a larger public or community purpose.

Legal Limits

“The Supreme Court and the states provide guidelines for calculating punitive damages. Although there is no maximum sum, punitive damages typically do not exceed four times the amount of compensatory damages.”

In Mississippi, there are statutory limits on the amount of punitive damages. These limits are set according to the defendant’s net worth [MS Code § 11-1-65 Section 3(a) (2024)]. For example:

•          On the low end, “Two percent (2%) of the defendant’s net worth for a defendant with a net worth of Fifty Million Dollars ($50,000,000.00) or less.”
•          At the highest end, “Twenty Million Dollars ($20,000,000.00) for a defendant with a net worth of more than One Billion Dollars ($1,000,000,000.00).”

Always consult with a Mississippi car accident attorney to navigate the specific rules applicable to your situation.

How Can a Personal Injury Attorney Help Me?

Navigating the complexities of pursuing punitive damages in a personal injury case can be daunting. Langston & Lott personal injury attorneys possess a profound understanding of the specific legal standards and thresholds required to successfully pursue punitive damages. They know how to structure your case to highlight the defendant’s egregious behavior.

•          An attorney can gather and present compelling evidence to support claims of gross negligence or malicious intent. This may involve expert testimonies, accident reconstruction, and more.
•          Having a skilled negotiator on your side when dealing with insurance companies can make a significant difference. Attorneys are trained to advocate for their clients’ best interests during settlement discussions.
•          In cases where a settlement cannot be reached, an attorney can represent you in court. They are familiar with court procedures, which can help ensure that your case is presented effectively and efficiently.

Call a Mississippi Car Accident Lawyer

Seeking punitive damages in a personal injury case can be a crucial aspect of holding wrongdoers accountable for their actions. By understanding what punitive damages are, when they can be sought, and how they are calculated, you can better navigate the legal landscape ahead of you. Call us today to schedule a FREE consultation.