If you or someone you care for is injured in North Carolina, you may be able to seek punitive damages under certain circumstances. The Bishop Law Firm represents personal injury clients in Raleigh, North Carolina and the surrounding areas.
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North Carolina Personal Injury Law
Anyone who has been injured through another person’s negligence through no fault of their own may file a personal injury case in North Carolina. NC is a contributory negligence state, which means that even if the injured person is 1% at fault, they cannot recover under personal injury law (but see the last clear chance doctrine).
In addition to contributory negligence as a qualifying attorney, there are other circumstances that may prevent a victim from recovering from the at-fault party: the at-fault party cannot be found (hit-and-run accident), the at-fault party or owner is a government entity (governmental immunity), or the at-fault party does not have insurance or assets to compensate the plaintiff.
Nonetheless, injury victims may still be able to recover medical bills (and future medical bills), lost wages, and pain and suffering. In some cases, victims may also be able to recover punitive damages.
READ ALSO: Medical bills after a car accident; loss of wages and earning capacity, and pain and suffering?
What are punitive damages in North Carolina?
Under Chapter 1D, punitive damages may be used to punish a defendant for serious wrongful conduct and to deter the defendant and others from committing similar wrongful conduct.
The statute further provides that one of the following aggravating factors must be present: fraud, bad faith, or willful or wanton conduct.
Fraud is an intentional act of deception, theft, or coercion. Malice means having malicious intent toward the plaintiff, thereby inciting the defendant to commit the act.
As discussed by the North Carolina Supreme Court, negligence means carelessness, while wanton means intentional misconduct. “If malice or intentional injury is not involved, wanton conduct must be alleged and proven to warrant punitive damages. Conduct is wanton when there is a conscious and willful disregard for and indifference to the rights and safety of others.”
Punitive damages in North Carolina are capped 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 all other damages (medical bills, lost wages, pain and suffering).
Therefore, punitive damages should be awarded in addition to other damages arising from the defendant's serious wrongful conduct beyond the scope of simple negligence (gross negligence). Typically, in our firm's personal injury cases, fraud and malicious conduct are rare, but willful or wanton conduct is more common.
When can a victim in a North Carolina personal injury case receive punitive damages?
As stated above, fraud, malice or willful or wanton conduct is necessary. It’s not enough to drive distracted and cause a crash. The defendant's conduct must exceed the scope of ordinary negligence.
In order to obtain punitive damages under North Carolina law, a victim must assert to the court that they are entitled to punitive damages (usually in a complaint), in addition to seeking compensation for the actual damages suffered. However, simply claiming that you are entitled to punitive damages will not work.
Many defense attorneys disagree that punitive damages are warranted, no matter how egregious their client’s conduct, and ask the court to dismiss your punitive damages claim. With this in mind, the facts of a case should be carefully reviewed before seeking punitive damages, and the language used in the complaint should be pristine.
In addition, a court may award attorneys' fees to a defendant who must defend a claim for punitive damages that was frivolous or malicious.
Victims should be able to establish at least a “prima facie” case for punitive damages in order to present their claim to a jury. Prima facie evidence is evidence sufficient to raise the issue of punitive damages to a jury.
In the past, North Carolina courts have awarded punitive damages to victims in cases involving negligent drunk drivers, speeding, or where the defendant participated in a stock car race. However, this is not an exhaustive list.
Similar past conduct and “road rage” should also be considered potential grounds for requesting punitive damages.
NC defines “road rage” as aggressive driving at 20.141.6.
“Any person who drives a motor vehicle on a street, highway or public vehicle area is guilty of aggressive driving if:
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Violates 20-141 or GS 20-141.1 and
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Driving carelessly and carelessly, with willful and wanton disregard for the rights or safety of others (requires both of the following):
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running a red light
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running a stop sign
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failed to give way
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Following too close”
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Some issues to consider when determining whether you have a prima facie case for punitive damages:
- Do you have evidence of fraudulent, malicious, willful or wanton conduct? For example, do you have evidence that the defendant was drunk or intentionally tried to harm you?
- Does the police report or accident report discuss actions that take the case beyond ordinary negligence? Fleeing the scene of an accident itself does not rise to the level of willful or wanton conduct required to satisfy your ostensible burden, but what if the defendant rammed your car twice while shouting threats and gave up his gun on you before running away? A hit-and-run becomes a near-death experience that may rise to the point where the victim is entitled to punitive damages.
- Did the defendant's conduct cause harm to society as a whole? In the interest of society as a whole, deliberate acts with a disregard for human life should be discouraged. Driving under the influence of drugs that impair your ability to drive or continuing to drive when your doctor specifically orders you not to drive may rise to the level of punitive damages.
The decision to add punitive damages to a complaint can be complex. The at-fault party’s actions may be shocking to you, but a court may find that their conduct does not rise to the level of punitive damages. Every case is different.
North Carolina Personal Injury Lawyer Seeking Punitive Damages?
A North Carolina personal injury attorney can help you add punitive damages to your complaint and file it with the appropriate North Carolina county court. They can also help you defend against motions for punitive damages in a court case. While punitive damages can be difficult to obtain because they are assessed based on a clear and convincing standard of evidence, they are available to those who have been harmed by the at-fault party’s intentional and wanton conduct.
Our firm offers free case reviews and there is no charge unless you win your case. Call us today or start a free case review today.
Also Read North Carolina Personal Injury Lawyers; North Carolina Car Accident Lawyers
