Damages in Mississippi

Contrary to certain current propaganda and beliefs, the legal system is not intended to distribute “free” money or dispense “jackpot justice”.  Rather, the civil justice system holds individuals and corporations accountable for their wrongful and/or negligent actions that cause injuries and loss.  The most common way the courts accomplish this is through monetary damages. 

Mississippi recognizes several separate categories of damages, the most common of which are nominal, actual or compensatory, and punitive.  Each of these types of damages serve a unique purpose and are awarded based on every individual case’s merits, facts and applicable laws.  In some matters, they may all be readily available while, in others, a Plaintiff will have to fight to obtain one.  However, they are all designed to achieve the same purpose and goal: they are the law’s way of making injured people whole again.  

Nominal damages are usually awarded for legal, technical injury due to the violation of a legal right.  Of the categories of damages discussed herein, nominal damages are the least prevalent due to the fact they are usually not recoverable in negligence actions.  However, a person injured by an intentional tortious act or a breach of contract is entitled to nominal damages if actual injury cannot be shown.  Nominal damages is the law’s mechanism for recognizing harm has occurred due to the violation of a legal right, even if actual damages cannot be shown.  They are a substitute for actual damages when actual damages cannot be exhibited, but when a defendant’s violation of the law has been evidenced.  

Secondly, the most common form of damages sought in personal injury actions are actual or compensatory damages.  While there are several categories of losses that comprise actual damages, they all have one purpose: actual damages are designed to compensate the injured party for the actual losses they have sustained. In Mississippi, the law recognizes actual or compensatory damages as inclusive of the following:

Economic damages – designed to compensate an injured party for their monetary or pecuniary loss, i.e. medical bills incurred due to injury;

Loss of earnings and/or earning capacity – designed to compensate an injured party for any lost wages due to the injury and/or any loss in the injured person’s earning capacity

Lost profits – designed to compensate an aggrieved or injured party for any loss in profits due to the injury; 

Costs and fees – in limited circumstances, Mississippi law provides for the recovery of attorney’s fees and costs of litigation;

Expenses – generally an injured party can recover expenses that are incurred due to the injury and are reasonable.

Finally, punitive damages are a unique type of damages provided for by Mississippi law which are not designed to compensate an individual or recognize the violation of a legal right.  In limited circumstances where a defendant’s injury-causing behavior is so willful, malicious and reckless, the court will award these damages which  are designed both to punish the defendant and deter similar conduct by the defendant, or others, in the future.  In assessing punitive damages, the Court determines an amount that is rationally related to the purpose of punishing the defendant’s conduct, as well as, deterring future occurrences.