Being injured is not only painful but also expensive. Between medical bills, lost income from being unable to work, and damaged personal property, you might be dealing with significant damages. These compensatory damages are standard in most personal injury cases, but some plaintiffs may also claim punitive damages.
Punitive damages may be awarded to punish defendants for extremely bad behavior. Not only do these damages serve as a financial penalty, but they may also deter future bad actions by the defendant and others who are similarly situated. Punitive damages may be substantial, but they are also limited based on your compensatory damages. Not only that, but some defendants, particularly employers of negligent employees, may not be liable for punitive damages, barring special circumstances.
For a private, free review of your claims, call our Las Vegas, NV personal injury attorneys with Mitchell Rogers Injury Law at (702) 702-2622.
Suing for Punitive Damages in Nevada
Punitive damages are relatively rare, and many cases are ineligible. Even if your case is eligible for punitive damages, they are not guaranteed, and we must be prepared to prove your claims with strong evidence.
According to N.R.S. § 42.005(1), plaintiffs may claim punitive damages for injuries in Las Vegas if they can prove by “clear and convincing evidence” that the defendant caused the injuries by acting with malice, oppression, or fraud.
The burden of proof for punitive damages is clear and convincing evidence. This is a higher burden than a “preponderance of the evidence,” which is the overall burden of proof for your personal injury claims. Clear and convincing evidence requires a much higher degree of certainty, making punitive damages more difficult to prove.
Punitive damages are not automatically considered when you file a personal injury case. We must specifically plead for these damages when our Boulder City, NV personal injury attorneys file the initial complaint. If we leave them out of the complaint, we might not claim them later, and they will not be awarded.
Limitations on Punitive Damages in Injury Cases
Punitive damages can represent a substantial sum of money, particularly in cases involving severe injuries. However, these damages are capped by law, and courts may reduce awards to comply with statutory limitations.
Under the statute cited above, if compensatory damages exceed $100,000, the plaintiff may recover punitive damages worth three times their compensatory damages. However, if the compensatory damages award is less than $100,000, the plaintiff may recover punitive damages worth no more than $300,000.
These limitations might not apply in every case. Under N.R.S. § 42.005(2), statutory limitations do not apply to punitive damages in cases against manufacturers of defective products, insurers acting in bad faith, violators of federal anti-discrimination housing laws, defendants who cause injuries through exposure to hazardous materials, or defamation defendants.
Juries may not be informed of these limitations before they begin deliberations. As such, they could award damages that exceed these limits. In such a case, the judge may reduce the award to comply with statutory caps.
Limitations on Liability for Punitive Damages in Nevada
Some defendants may be shielded from liability for punitive damages. You should talk to your attorney about your claims and the defendant to determine if punitive damages are available.
Under N.R.S. § 42.007(1), employers are not vicariously liable for punitive damages in cases where injuries are caused by negligent employees, barring special circumstances. While employers may be vicariously liable for compensatory damages, punitive damages might fall to the negligent employee only unless special conditions exist.
An employer may be held liable for punitive damages related to injuries caused by a negligent employee under the following conditions.
First, the employer knew that the employee was unfit for the job, and the employer consciously disregarded the safety risks. Second, the employer expressly authorized the employee’s wrongful actions. Third and finally, the employer is found to be guilty of fraud, oppression, or malice.
How Often Do Courts Award Punitive Damages for Personal Injuries?
Courts do not award punitive damages very often. They tend to be rare, and they might not be awarded even if a plaintiff’s case is eligible for punitive damages. We must meet a very high burden of proof to be successful, and evidence to do so is not always available.
Punitive damages may be more likely when a defendant’s actions are extremely shocking or might have a larger negative effect on society. These damages are not only intended to punish specific defendants but also to deter similar actions from other defendants in the future. If the defendant’s behavior is something the court believes must be deterred, punitive damages may be more likely.
In other cases, courts may be more likely to award punitive damages if the plaintiff’s injuries are extreme or catastrophic. Injuries that lead to lifelong disabilities or painful medical conditions may be more likely to receive awards of punitive damages.
How Do I Know if My Injuries Warrant Punitive Damages?
Whether your personal injury claims warrant punitive damages may be hard to say. While we might believe that the defendant acted with malice, fraud, or oppression, we must have evidence to prove it, which might be very difficult.
The best way to determine if you can claim punitive damages is to speak to an attorney. They can examine the defendant’s actions and how they caused your injuries. Some cases very clearly warrant punitive damages, while others are a bit fuzzier.
Your attorney should also look at the evidence available in your case. We must be able to prove by clear and convincing evidence that the defendant is liable for punitive damages. If this evidence is simply unavailable, punitive damages might be off the table.
Ask Our Nevada Personal Injury Lawyers for Help Today
For a private, free review of your claims, call our Winchester, NV personal injury attorneys with Mitchell Rogers Injury Law at (702) 702-2622.