Can I recover punitive damages in a personal injury claim?

The answer to whether punitive damages can be recovered in a personal injury claim in Minnesota depends on the individual case. Generally, punitive damages are awarded if the defendant acted with malicious intent or negligence, and the injury that resulted was severe enough to warrant a punitive damages award. In Minnesota, punitive damages are often awarded when a defendant is found to have acted with “willful and wanton disregard” for another person’s safety. Willful and wanton disregard refers to a situation where the defendant engages in reckless or careless acts that pose an extreme risk of harm to other people. The amount of punitive damages awarded in a personal injury claim is determined by a judge or jury based on the severity of the harm the defendant caused. In some cases, punitive damages awards may exceed the amount of other compensation the plaintiff receives, such as lost wages, medical expenses, and pain and suffering. Under Minnesota law, the state’s statutes set a cap on the amount of punitive damages that can be applied to a personal injury claim. This cap is intended to ensure that punitive damages awards are only given in truly extraordinary cases. As such, it’s important to speak with a personal injury attorney to determine whether punitive damages can be sought in a particular case.

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