This bill is likely to have a significant impact on civil litigation in Mississippi, particularly in cases involving malpractice and personal injury. By raising the cap on noneconomic damages, proponents of the bill argue that it would provide fair compensation for victims who have suffered nonpecuniary losses due to the actions of others. This change is aimed at improving accessibility to justice for those who have been harmed, allowing them to better reflect their actual suffering in compensation. The amendment aims to harmonize the legal framework regarding noneconomic damages to acknowledge the emotional and psychological toll of injuries more fully.
Summary
House Bill 1395 aims to amend Section 11-1-60 of the Mississippi Code of 1972 by revising the limits imposed on noneconomic damages in civil actions. Under the proposed changes, in civil actions filed on or after July 1, 2023, the maximum amount plaintiffs could receive for noneconomic damages would be increased from one million dollars to two million dollars, provided the trier of fact finds the defendant liable. The definition of noneconomic damages encompasses a range of subjective and nonpecuniary damages, such as pain, suffering, and emotional distress, while separating them from economic damages that can be calculated objectively, like medical costs.
Contention
However, there is potential for contention surrounding the bill, as opponents may argue that increasing the cap on noneconomic damages could lead to higher healthcare costs and increased liability for service providers, particularly in the healthcare field. Critics express concern that such reforms might incentivize frivolous lawsuits or excessively high awards that could affect insurance premiums and the stability of healthcare providers. Therefore, while the bill appears to strengthen the rights of injured parties, it also raises questions about the broader implications for healthcare access and liability in Mississippi.
Damages; increasing maximum limitation on compensation for noneconomic loss; removing exceptions to limitation on noneconomic loss compensation. Effective date.