Most of the compensation available in a personal injury claim is in compensatory damages, which are meant to pay a victim for losses suffered. Another, less common, form of compensation that may be available is punitive damages. These may be awarded in a Las Vegas personal injury case if the at-fault party’s conduct was especially egregious or damaging.
What Are Punitive Damages?
Punitive damages, also known as exemplary damages, are a type of monetary award that a court can order a defendant (at-fault party) to pay to a plaintiff (injured party) in addition to compensatory damages. While compensatory damages are designed to make a victim whole again by covering actual losses – such as hospital bills, lost wages, and pain and suffering – punitive damages are intended to punish the defendant.
When Are Punitive Damages Awarded in Nevada?
Punitive damages are only available in a Nevada personal injury case if the plaintiff specifically requests them. According to Nevada Revised Statute § 42.005, “where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud or malice, express or implied, the plaintiff, in addition to the compensatory damages, may recover damages for the sake of example and by way of punishing the defendant.” Under this law, the plaintiff must show enough evidence of the defendant’s egregious or wrongful act to convince the courts that punitive damages are warranted. This can include proof of cruel or unjust treatment, wrongful or criminal deception, or intent or desire to hurt the plaintiff. Examples include a defendant who caused injury by driving under the influence or physically assaulting the plaintiff.
What Are the Caps on Punitive Damages in Nevada?
If punitive damages are awarded by a jury in a Nevada personal injury case, the amount of this additional award will be capped – or limited – based on the rules listed in state law. Nevada places the following caps on punitive damages:
- Three times the total amount of compensatory damages awarded to the plaintiff, if this amount is $100,000 or more, or
- $300,000 if the amount of compensatory damages awarded is less than $100,000.
However, these damage caps do not apply to cases involving defective products, bad faith by insurance companies, defamation, exposure to hazardous substances, or a person who has violated a law prohibiting discriminatory housing practices, if the law provides for a remedy of punitive damages in excess of these limitations.
How to Seek Punitive Damages During Your Nevada Personal Injury Case
If you believe you should qualify for punitive damages as a victim of someone else’s especially egregious or wrongful act in Nevada, consult with a Las Vegas accident attorney about how to proceed with your request. A lawyer can help you seek punitive damages and support your claim with compelling evidence of the defendant’s fraud, malice or oppression. An attorney will know how judges and juries make punitive damage decisions, such as assessing whether the defendant’s actions should be penalized and if the defendant has the financial resources to pay a punitive damage award. Your lawyer will help you seek maximum damages up to any applicable caps in addition to fair compensatory damages for your losses. To discuss punitive damages in relation to a particular personal injury claim with an experienced attorney in Las Vegas, contact Koch & Brim LLP for a free consultation.