What is the burden of proof required for a plaintiff seeking punitive damages in Mississippi?

In Mississippi, the burden of proof required for a plaintiff seeking punitive damages is clear and convincing evidence. This standard is higher than the preponderance of the evidence, which is typically required for most civil cases, but lower than beyond a reasonable doubt, which is used in criminal cases.

The clear and convincing evidence standard requires the plaintiff to demonstrate that the facts are highly probable and convincing. This heightened standard reflects the serious nature of punitive damages, which are awarded not merely to compensate the plaintiff for losses but to punish the defendant for particularly egregious conduct and deter similar future actions. This distinction emphasizes the intent behind punitive damages as a tool for addressing wrongful conduct that is intentional, malicious, or grossly negligent.

Choosing this higher standard underscores the judicial philosophy that punitive damages should only be awarded when there is a strong likelihood that the defendant's actions warrant such severe penalties.