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Mississippi wrongful death statute caps non-economic damages in these categories: Medical malpractice at $500,000. Product liability at $1,000,000. Pharmaceutical liability at $1,000,000.
For a defendant to be deemed negligent, he must have breached his duty of care towards the plaintiff. In order to be deemed as breaching the duty of care, his actions must be proven to fall below the standard of care likely to be taken by the reasonable man.
Breach of duty occurs when a person's conduct fails to meet an applicable standard of care. It is one of the four elements of negligence. If the defendant's conduct fails to meet the required standard of care, they are said to have breached that duty.
4 Elements of a Negligence Claim (and more) The existence of a legal duty to the plaintiff; The defendant breached that duty; The plaintiff was injured; and, The defendant's breach of duty caused the injury.
In personal injury law, breach is one of the elements of negligence. In this context, a breach describes a failure to abide by one's duty of care to another person.