Punitive damages can be awarded by the plaintiff in a Nevada personal injury lawsuit, but only in certain situations. The Vegas injury case must go to trial, and a jury must determine that punitive damages are necessary to punish a defendant for conduct that was clearly oppressive, fraudulent, or malicious.
Punitive Damages Are Designed to Punish and Deter Egregious Conduct
In Nevada, punitive damages, which are also known as exemplary damages, can be awarded under NRS Section 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.”
As stated in the law, the purpose of punitive damages isn’t to compensate the victim for their injuries. That’s the role of compensatory damages. Punitive damages are designed to punish egregious conduct and deter similar actions in the future – both by the specific defendant forced to pay the award and others who might engage in similar conduct in the future.
What Are the Grounds For Recovering Punitive Damages in Nevada?
Punitive damages can be awarded by a jury when there is clear and convincing evidence of oppression, fraud, or malice.
Broadly speaking, punitive damages are permitted when a defendant:
- Intended to cause physical harm
- Tried to conceal harmful or negligent actions, or
- Consciously disregarded another’s safety.
They are reserved for the most serious situations, which often include cases related to Vegas drunk driving accidents, hit and run accidents, matters of product liability involving fraud or deception, medical malpractice, assault, sexual assault, and accidents resulting in wrongful death or catastrophic injury.
Are There Caps on Punitive Damages in Nevada?
Yes, punitive damages are capped by Nevada state law.
Exemplary awards must not exceed:
- $300,000 when total compensatory damages are less than $100,000, or
- Three times the value of compensatory damages valued at $100,000 or more.
The cap on punitive damages does not apply to personal injury cases arising from product liability or bad-faith insurance practices.
Punitive Damages Strictly Available at Trial
You won’t be able to recover punitive damages unless your personal injury lawsuit goes to trial. They will not be part of a settlement. The only way to recover exemplary damages is to have a jury find by clear and convincing evidence that they’re necessary under the circumstances.
The burden of proof for compensatory damages is by a preponderance of the evidence, which requires a finding that a plaintiff’s claim is more likely true than not. For punitive damages, a higher standard of proof is required. Clear and convincing evidence means that there’s a high probability that an allegation is true. It’s somewhere between by a preponderance of the evidence and the highest burden of proof, beyond a reasonable doubt, which is reserved for criminal matters.
Benson & Bingham Can Help You Fight For Punitive Damages in a Nevada Personal Injury Lawsuit
If you’ve been the victim of a violent crime, fraudulent concealment of risks related to a product, or gross negligence, you may be able to recover punitive damages in a civil personal injury lawsuit. However, that requires a jury trial, and it’s best handled by an experienced and skilled litigator. Benson & Bingham helps injury victims and families in Nevada win tough cases and achieve top case results. Call our Las Vegas law office today to schedule a free consultation.