Mississippi Jury Instruction - Punitive Damages 0n Counterclaim
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FAQ
While mandated percentage "limits" on a punitive damage award have drawn criticism, awards in excess of these limits have also drawn objection. Again, using California as an example, courts have generally found punitive damages greater than 15 percent of a defendant's net worth to be excessive.
If juries award greater compensatory damages than do judges for any given case type, then that higher award will boost punitive damages as well. This analysis indicates that juries generate higher compensatory damages as well as higher punitive damages controlling for compensatory damages.
To determine the amount of punitive damages to award, the Book of Approved Jury Instructions (BAJI) states that the jury should consider: (1) The reprehensibility of the conduct of the defendant.The other twodefendant's financial condition and the relationship to actual damagesare objective measurements.
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.
Finally, the United States Supreme Court has set a limit on punitive damages. Punitive damages cannot exceed a 10:1 ratio. In other words, punitive damages cannot be more than 10 times the initial award given.
Although there is no maximum sum, punitive damages typically do not exceed four times the amount of compensatory damages. For example, if a plaintiff recovers $100,000 in compensatory damages and is awarded punitive damages, they most likely will receive up to $400,000 in punitive damages.
The amount of punitive damages is left to the jury's discretion. In most states, the jury is instructed to consider both objective and subjective factors.However, in most states, punitive damages are awarded when a defendant's actions are willful, malicious, oppressive, fraudulent, or reckless.
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.