Yes, you can recover punitive damages in North Carolina if you can prove that the defendant acted with fraud, malice, or willful or wanton conduct. Receiving this additional damage award requires proof of egregious wrongdoing by the defendant and the defendant’s liability for compensatory damages.
What Are Punitive Damages?
There are two main categories of damages available in a Wilmington, North Carolina personal injury claim: compensatory and punitive. Compensatory damages are awarded to compensate or reimburse an accident victim for losses caused by an accident. Their goal is to make the victim whole again.
Many personal injury accidents in North Carolina don’t only involve neglect or the careless failure to meet the duty of care; serious and catastrophic injuries are often caused by reckless, wanton and malicious acts. In these scenarios, a judge may award punitive damages to punish the defendant for especially egregious acts of wrongdoing.
Punitive or exemplary damages are awarded as a penalty against a defendant for conduct that is severely wrongful or intended to hurt the victim. The purpose of punitive damages is to penalize the defendant and discourage similar acts in the future, as well as to send a message to the community that the court will not tolerate such severe examples of wrongdoing.
When Are Punitive Damages Awarded in North Carolina?
A successful personal injury case in North Carolina can result in compensatory damages for losses such as medical bills, lost wages, property damage, and pain and suffering. Punitive damages, however, are less common and never guaranteed.
To receive a punitive damage award in addition to other compensation, the injured victim or plaintiff must specifically request these damages and prove one of the required legal grounds.
Standards of Proof for Punitive Damages
Under North Carolina General Statutes §1D‑15, punitive damages may only be awarded if the claimant proves by “clear and convincing evidence” that one of the following aggravating factors was present in addition to the defendant being liable for compensatory damages:
- Fraud: knowingly and willfully making a false statement or misrepresenting a material fact for the purpose of defrauding a victim.
- Malice: a sense of “personal ill will” toward the plaintiff that incited or motivated the defendant to perform the wrongful act.
- Willful or wanton conduct: behaving in a way that shows a conscious and intentional disregard for the rights and safety of others. This is the most common grounds for punitive damages. It describes more severe wrongdoing than gross negligence.
Punitive damages cannot be awarded against someone on the basis of their vicarious liability for the actions of someone else. They can only be granted if the defendant personally participated in the wrongful misconduct or, in cases against corporations, condoned the conduct.
Punitive Damage Caps in North Carolina
Punitive damage awards are capped, or limited, by state statute in North Carolina. Section 1D-25 of the law caps punitive damages at the greater of three times the total amount of compensatory damages or $250,000. However, this damage cap does not apply to injury claims involving a driver who was under the influence of drugs or alcohol or driving recklessly.
The Importance of Hiring an Attorney for a Punitive Damage Request
If you wish to pursue punitive damages as part of your North Carolina personal injury case, contact an attorney for legal advice and representation during the claims process. A lawyer can use years of experience and high-quality legal resources to support your request and improve your chances of receiving punitive damages.