If you or someone that you care for has been injured in North Carolina, you may have a claim for punitive damages under certain circumstances. The Bishop Law Firm represents personal injury clients in Raleigh, NC, and surrounding areas.
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North Carolina Personal Injury Law
In North Carolina, anyone who is injured by the negligence of another, through no fault of their own, may have a personal injury case.
North Carolina is a contributory negligence state, meaning that if the injured person is even 1% at fault, they cannot recover under personal injury law (but see the Last Clear Chance Doctrine).
In addition to contributory negligence as a bar, there are other circumstances under which a victim may not be able to recover from the at-fault party: if the at-fault party cannot be found (hit and run accidents); the at-fault party or property owner is a government entity (governmental immunity) or if the at-fault party has no insurance or assets to compensate plaintiff (defendant's financial condition).
Withstanding the above, an injured victim can recover compensatory damages, including medical expenses (past and future), lost wages, and pain & suffering.
In certain circumstances, a victim can recover punitive damages (also called exemplary damages).
Also read: Medical Bills After Car Accident; Lost Wages and Earning Capacity and Pain & Suffering?
What are North Carolina Punitive Damages?
According to Chapter 1D, Punitive Damages may be awarded to punish the defendant for egregiously wrongful acts and to deter the defendant and others from committing future misconduct.
Juries award punitive damages in civil cases in a trial court.
Unlike compensatory damages, punitive damages serve to deter future misconduct by a defendant and to deter similar acts by others that are harmful to society.
Outrageous conduct and extreme carelessness that cause harm to others are morally reprehensible. Severe consequences are warranted.
Chapter 1D further requires that one of the following aggravating factors must be present: fraud, malice, or willful or wanton conduct.
Fraud, Malice, or Willful or Wanton Conduct Required
Fraud is an intentional act of deception, theft, or coercion. Malice entails a sense of ill will toward the plaintiff that incited the defendant to perform the act.
As the North Carolina Supreme Court has explained, negligence is a failure to use care, while wantonness connotes intentional wrongdoing.
"Where malicious or willful injury is not involved, wanton conduct must be alleged and shown to warrant the recovery of punitive damages (Yancey)."
A Defendant's conduct is wanton when done in conscious and intentional disregard of and indifference to the rights and safety of others.
For example, if a defendant repeatedly continued to drive after a doctor specifically told them not to due to their health conditions and caused an accident that harmed a victim, the defendant's actions may rise to the level of punitive damages, as they show intentional conduct with reckless disregard for others.
Punitive Damages Cap
The North Carolina Punitive Damages cap ceilings punitive damages at three times the amount of compensatory damages or $250,000 (whichever is greater), and the jury will determine the amount of punitive damages separately from the compensation for all other damages (medical bills, lost wages, pain & suffering).
So, punitive damages are awarded in addition to other damages arising from the defendant's egregiously wrongful acts that go beyond simple negligence (gross negligence).
Bifurcating a trial into two phases (one for liability and compensatory damages, and the other for punitive damages) is common.
In our firm's personal injury cases, fraud and malice are rare; willful or wanton conduct, however, is more common.
When can a victim attain punitive damages in North Carolina Personal Injury Cases?
Victims must seek punitive damages in North Carolina by filing a civil negligence case.
Insurance adjusters will not pay punitive damages claims or inform a victim of their right to pursue punitive damages.
As discussed above, for a victim to recover punitive damages, the defendant's behavior must rise to the level of fraud, malice, or willful or wanton conduct.
Simply driving distracted and causing a car accident will not suffice. The defendant's actions must go beyond ordinary negligence for a court to impose punitive damages.
Victims Must Carefully Plead Punitive Damages
To recover punitive damages under North Carolina law, a victim must allege their entitlement to them to the court (in the complaint), in addition to the recovery requested for economic and non-economic damages suffered.
But, simply alleging that you are entitled to punitive damages will not carry the day.
Many defense attorneys will disagree that punitive damages are warranted, no matter how egregious their client's actions are, and ask the court to dismiss your claim for punitive damages.
In anticipation of this, the facts of the case should be carefully examined before claiming punitive damages, and the language used in your complaint should be pristine.
In addition, the court may award attorney's fees to the defendant for defending a frivolous or malicious claim for punitive damages.
Prima Facie Case Required
The victim should be able to establish at least a "prima facie" case for punitive damages to get the claim to the jury.
Prima facie means evidence sufficient to present the issue of punitive damages to the jury.
Relying on past North Carolina law as a starting point for a "prima facie" case is imperative.
North Carolina Courts: Examples of Punitive Damages
In the past, North Carolina courts have awarded punitive damages to victims in cases involving intoxicated at-fault drivers, driving at excessive speeds, or if the defendant was engaged in a racing competition. However, this is not an exhaustive list.
Similar past conduct and "road rage" should also be considered as potential justifications for requesting punitive damages.
NC has defined "road rage" as aggressive driving at 20.141.6:
"Any person who operates a motor vehicle on a street, highway, or public vehicular area is guilty of aggressive driving if the person:
- Violates 20-141 or GS 20-141.1 and
- Drives carelessly and heedlessly in willful and wanton disregard for the rights or safety of others (Two of the below are required to meet this prong):
- running through a red light
- running through a stop sign
- Illegal passing
- failing to yield the right of way
- following too closely"
Punitive Damages Questions
Some questions to consider when determining if you have a prima facie case for punitive damages:
- Do you have evidence demonstrating conduct that was fraudulent, malicious, willful, or wanton? For example, do you have evidence showing that the defendant was intoxicated or intentionally tried to harm you?
- Does the police report or accident report discuss actions that would bump the case beyond ordinary negligence? Fleeing the scene of an accident itself does not rise to the level of willful or wanton behavior necessary to meet your prima facie burden, but what if the defendant crashed into your car twice, while shouting threats, and waved a gun at you before fleeing? The hit and run just turned into a near-death experience, which could rise to the level of entitling the victim to punitive damages.
- Are the actions of the defendant detrimental to society as a whole? Intentional actions that disregard human life should be discouraged for the benefit of society as a whole. Driving under the influence of medications that impair your ability to drive or continuing to drive when a doctor has specifically ordered you not to drive may rise to the level of punitive damages.
The decision to add punitive damages to a complaint can be complicated.
The reckless behavior of the at-fault party may be egregious to you, but the court may find that it does not rise to the level of punitive damages.
Every case is different, and the actual damages awarded are variable.
Need a North Carolina Punitive Damages Attorney?
A North Carolina Personal Injury Lawyer can help you carefully add punitive damages to your civil complaint and file it in the appropriate NC county court.
They can also help a victim withstand motions to dismiss punitive damages claims, ensuring maximum compensation.
Most personal injury claims do not warrant punitive damages, and obtaining them can be difficult because they are evaluated under a clear-and-convincing-evidence standard.
However, they are available to those who have suffered injury from the at-fault party's willful and wanton conduct and should be pursued when appropriate.
Our firm offers free case reviews and no fee unless you win. Call us today or start your free case review now.
Also read North Carolina Personal Injury Lawyers; North Carolina Car Accident Lawyer.
