Are punitive damages available in a truck accident case?
Yes, punitive damages may be available in a truck accident case in North Carolina. Punitive damages are awarded in addition to any compensatory damages awarded to the plaintiff, and are intended to punish the defendant for gross negligence or reckless behavior. Punitive damages are rarely awarded and are only available in cases where the defendant’s behavior was especially egregious or intentional. In North Carolina, punitive damages are limited to three times the amount of compensatory damages awarded or $250,000, whichever is greater. Plaintiffs must prove that the defendant acted with malice and/or fraud in order to recover punitive damages. The plaintiff must also prove that the defendant knew or should have known that their behavior was likely to cause serious harm to others and chose to act willfully anyway. It is important to note that coordinating punitive damages is complicated and requires a careful analysis of the accident and the defendant’s behavior. Hiring an experienced attorney is the best way to ensure that your rights are protected and that you receive the full compensation you are entitled to for your losses.
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