Tuesday, February 24, 2015
Punitive Damages and Attorney's Fees
The law in Mississippi provides that if one recovers punitive damages, they are also entitled to an award of attorney's fees. To me, the award of attorney's fees is a separate damages apart from the punitive damages award. The potential legal issue that can arise here is whether attorney's fees are a part of punitive damages or separate damages as I believe they are. This is important because of the statutory caps of Mississippi Code Annotated 11-1-65. In theory, the award of attorney's fees could easily exceed the capped amount of a punitive damages award.