Charlotte Injury Lawyers Blog
Punitive Damages in North Carolina
Vehicle accidents are very common. According to the Bureau of Transportation Statistics (BTS), every day, there are more than 16,400 vehicle accidents in the United States. Of these, almost 7,000 people are hurt, and more than 100 people die as a result of their injuries. When someone is injured in an accident that was not their fault, they may be entitled to compensation for their damages. Compensation is needed to pay for medical bills, lost wages, pain and suffering, and more. A knowledgeable personal injury attorney will help you seek the money you deserve for your injuries.
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Types of Damages
There are two main types of damages that may be possible in personal injury cases. Compensatory damages are those that are meant to compensate a victim for their losses. Compensatory damages may be either economic or non-economic. Economic damages are those that have an actual value, such as medical expenses and lost wages. Non-economic damages are those such as pain and suffering and loss of consortium. Punitive damages are meant to punish someone for their wrongful actions.
Understanding Punitive Damages
Punitive damages are considered a special type of damages that are separate from compensatory damages. According to the law, punitive damages are to “punish a defendant for egregiously wrongful acts and to deter the defendant and others from committing similar wrongful acts”. Punitive damages may be ordered by a judge in addition to other types of damages. Insurance providers may allow payment of punitive damages unless they are specifically excluded in a policy. If punitive damages are awarded, the defendant is responsible for payment.
When May I Seek Punitive Damages?
In order to be eligible to seek punitive damages, you must prove aggravating factors. First, you must show that you are entitled to damages from the negligent party. Punitive damages are only ordered in cases where there was malice, fraud, or wilful or wanton conduct that caused the injury. In these situations, the defendant’s actions were intentional, and the defendant knew or should have known that their actions could cause harm. These are considered wrongful acts that are elevated above negligence. You will need to prove that the party committed an aggravating factor for the court to consider punitive damages.
How are Punitive Damages Calculated?
If a court finds that punitive damages are appropriate, it will look at a variety of factors to determine the amount of money to award. The court reviews such things as the reprehensibility of the conduct, the awareness of the defendant to the consequences of their actions, and any prior similar conduct by the defendant, among other factors. North Carolina law limits the amount of punitive damages to no more than three times the amount of compensatory damages awarded in the case. Punitive damages may not exceed $250,000. The punitive damages cap does not apply in cases where the at-fault driver was impaired.
If you were seriously injured in an accident that was not your fault, you could be entitled to compensation for damages, including punitive damages. To learn more, contact our legal team at Arnold & Smith, PLLC at (704) 370-2828 to request a consultation.
The skilled personal injury attorneys at Arnold & Smith, PLLC are dedicated to maximizing the financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury, boating accidents, and defective medical device injury. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life, and that the effects so often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC are dedicated to helping clients determine the strength of their claims, and to aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.
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