March 14, 2022

Does Mississippi Cap Compensation for Injury Claims?

In a personal injury case that goes to trial, a jury will come to an amount of compensation that they believe is fair for a victim’s damages. That is if the victim wins their claim. But, there are limits to the amount of money that a victim may be able to secure. These are known as caps. So, if a jury awards damages to a victim that total more than the established caps, the final payout will be reduced to the amount that abides by the caps.

Each state determines if they will have caps and then what those caps will be. Mississippi, for example, has caps on the amount of non-economic damages a victim suffered. Non-economic damages would be those that do not have a hard and true value to them the way that economic damages do. Non-economic damages would be pain and suffering, while economic damages would be the cost of the medical treatment that a victim required.

Punitive damages are also capped in Mississippi. These damages are rarely awarded. But when they are, they exist to act as a deterrent and punishment for when a person has displayed such egregious behavior they will have to pay additional costs to their victims.

Why Do Caps Exist?

, Does Mississippi Cap Compensation for Injury Claims?, Germany Law Firm PLLCWhile Mississippi has caps, the majority of states including the District of Columbia do not have any caps. Several states have actually deemed caps unconstitutional. There is significant opposition to caps and the laws are always changing. So while Mississippi currently has caps, that does not mean that they will not be removed in the future.

For those that believe in having caps, the argument is that there must be a reasonable balance between fair compensation and exorbitant compensation. Considering that the country is quite litigious, arbitrary damages may be handed out without sensible grounds. 

Also, when there are caps, costs for consumers may be kept low. Think of a business that gets sued for a defective product that caused a customer harm. It is likely that the business has insurance. The insurance will be used to pay the victim for their damages. However, the insurance company does not want to have their bottom line reduced when they are responsible for a payout. So they raise their premiums on the business. The business now has to spend more on their insurance and they also, do not want this to affect their profits. So, they will increase the cost of their goods to the consumer. Ultimately, the consumer assumes the costs.

Navigating the Mississippi tort system can be complex especially if you are not familiar with the law and your rights. The Jackson personal injury attorney at The Germany Law Firm, PLLC can help.

Speak with a Jackson Personal Injury Attorney Today

To learn more about what you can do to secure the most compensation from your Mississippi personal injury claim, please connect with the Jackson car accident attorney at The Germany Law Firm, PLLC. You can schedule a free consultation by calling The Germany Law Firm, PLLC at (601) 487-0555. 

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