Mississippi Jury Instruction - For Plaintiff - No Punitive Damages
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FAQ
We found that 98 percent of the large punitive damages awards were made by juries and only two percent by judges. The jury awards in these large cases were highly unpredictable and were weakly correlated with compensatory damages.
Punitive damages are legal recompense that a defendant found guilty of committing a wrong or offense is ordered to pay on top of compensatory damages. They are awarded by a court of law not to compensate injured plaintiffs but to punish defendants whose conduct is considered grossly negligent or intentional.
In short, the jurors determine the facts and reach a verdict, within the guidelines of the law as determined by the judge. Many states allow the lawyers to request that certain instructions be given, but the judge makes the final decisions about them.
As such, punitive damages are usually reserved for cases where the defendant's conduct is beyond merely negligent or intentional; the conduct must be reckless, malicious, fraudulent, wanton, outrageous, or otherwise more deserving of punishment in the eyes of the judge or jury.
In many states, including California and Texas, punitive damages are determined based on statute; elsewhere, they may be determined solely based on case law.They are rare, occurring in only 6% of civil cases that result in a monetary award.
Even though punitive damage awards are meant to punish the defendant and benefit society, not the plaintiff, punitive damage awards are paid to the plaintiff in a case.
When can I get "punitive damages"? California Civil Code 3294 allows plaintiffs to recover punitive damages when they can show that their injuries were caused by the defendant's malice, oppression or fraud, typically in cases of intentional harm or extreme recklessness.
Jurisdictions employ one of three standards of proof in decisions concerning punitive damages: (1) beyond a reasonable doubt, (2) by clear and convincing evidence, and (3) by a preponderance of evidence.
Generally, punitive damages are in excess of provable injuries. They are usually only awarded in cases brought under tort law, such as personal injury or medical malpractice cases, rather than those brought because of a contractual dispute.