CONTRIBUTORY NEGLIGENCE: If the Plaintiff helped in any way to cause his own injury or damage, then the amount of money that he might receive will be produced by the percentage that he was also at fault.
PLAINTIFF: The person who starts a lawsuit by filing the right papers in the proper court.
DEFENDANT: The person who against whom the lawsuit is filed.
NEGLIGENCE: Carelessness or the lack of reasonable precaution, care or action.
CONTRIBUTORY: Sharing cause or responsibility for the damages.
DAMAGES: Money ordered to be paid for harm or injury caused to the Plaintiff by the Defendant.
DUTY: An act that is required by law or expected by society.
PUNITIVE: Causing punishment for a wrongful act.
STATUTE OF LIMITATIONS: The amount of time a person has to file a lawsuit after the injury or damage occurs.
Source: State Justice Institute
In general, with regard to children, in Mississippi a person’s duty towards children is to expect the unexpected. This is different from the duty which is generally owed to an adult, which is to be reasonable.
In Mississippi, a Plaintiff who brings a lawsuit may not show or say that a Defendant has or had insurance to cover the damages he should pay. There is rarely a case where a Defendant who does not have insurance shows up in Court with a lawyer. If you are on a jury and you see a lawyer appointed to a Defendant, in Mississippi, this means they have automobile insurance. Juries are not told about the existence of this insurance coverage. This differs substantially from Louisiana law where there exists direct action statues and jurors are often time told about the availability and amount of insurance coverage available.
If the Plaintiff wins the case, damages may be given in the form of a judgment. If the Defendant does not pay, this judgment can be filed to become a lien against the Defendant’s property. This is rarely the case in Mississippi because the Defendants in car accident cases always have insurance. Generally, the Defendant’s insurance carrier pays the judgment or appeals.
In general in Mississippi, the Plaintiff may ask for personal injury damages. This includes past, present and future damages. The Plaintiff may also ask for and be awarded punitive damages if the Defendant acted in a willful, wanton, gross or reckless disregard for the Plaintiff and his safety.