Can I recover punitive damages in an automobile accident?

In North Carolina, punitive damages are damages that can be sought in a civil lawsuit for a party’s reckless or malicious behavior. Punitive damages are also known as exemplary damages, and they are meant to punish and deter the party from repeating their wrongful behavior. Punitive damages might be available in an automobile accident case in North Carolina, but only in very limited circumstances. First, North Carolina law only allows punitive damages when a plaintiff has suffered actual compensatory damages; that is, damages that are meant to compensate them for the harm they have suffered. Second, the defendant must have acted with gross negligence, malice, or willful and wanton misconduct. This means that the defendant must have acted in a grossly reckless or deliberately harmful way in order to be liable for punitive damages. Lastly, North Carolina law places a cap on the amount of punitive damages that can be awarded in a case. This cap is twice the amount of compensatory damages awarded, or $250,000, whichever is greater. In summary, punitive damages may be available in an automobile accident case in North Carolina in certain circumstances. To be liable for punitive damages, the defendant must have acted with gross negligence, malice, or willful and wanton misconduct, and the amount of the award is limited by law.

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