Nevada’s legal system takes punitive damages seriously. Unlike other states that may limit their use, Nevada courts are more open to awarding them in cases where the defendant’s behavior is especially bad.
You’ll often see punitive damages in cases involving drunk driving, medical malpractice, and product defects. Victims of these circumstances typically hire Las Vegas personal injury lawyers to help with the legal battles.
Punitive damages in Las Vegas and everywhere else in Nevada are awarded when the defendant’s behavior is especially egregious. The law identifies three main categories that justify punitive damages: fraud, malice, and oppression.
- Fraud happens when someone intentionally deceives another person in a way that causes harm. It has to be something serious, like a company hiding the dangers of its product.
- Malice is when someone acts with the intent to harm or with complete disregard for others’ safety. Let’s say a doctor knowingly performs an unnecessary surgery just to make money; that’s malice.
- Oppression refers to behavior that subjects a victim to unjust hardship in a way that is particularly cruel. For example, an employer forcing employees to work in hazardous conditions while knowing the risks could be considered oppressive.
A real-life example of punitive damages in Nevada is Smith Food and Drug Centers Inc. v. Bellegarde. In this case, a Smith’s employee handcuffed and pepper-sprayed a suspected shoplifter. The victim sued and was awarded $65,000 in punitive damages.
The court found that Smith had poor policies and oversight, which led to the excessive force used against the shoplifter. This was a clear example of punishment for corporate negligence.
Are There Limits on Punitive Damages?
Yes, Nevada does have caps on punitive damages, but there are exceptions. According to NRS 42.005:
- If the compensatory damages (the amount awarded to cover actual losses like medical bills) are less than $100,000, then the punitive damages are capped at $300,000.
- If the compensatory damages are $100,000 or more, then the punitive damages can be up to three times the compensatory damages.
However, there are exceptions where no cap applies. These include cases involving:
- Defective products (where a manufacturer knowingly sold a dangerous product)
- Insurance companies acting in bad faith
- Discriminatory housing practices
- Environmental damage from toxic waste
- Defamation
- DUI accidents where the driver knowingly drank or took drugs before driving
These cases are seen as especially harmful to the public, so Nevada allows higher punitive damage awards to serve as stronger deterrents.
How Do You Collect Punitive Damages?
Getting punitive damages in Vegas is usually a three-step process:
- Win Your Trial: First, you have to win the case itself by proving that the defendant was at fault and caused your injuries.
- Ask for Punitive Damages: Once you win, you have to prove that the defendant acted with fraud, malice, or oppression. This requires clear and convincing evidence, which is a higher standard than regular civil cases but lower than the “beyond a reasonable doubt” standard in criminal trials.
- The Jury or Judge Decides: The jury (or judge in a bench trial) will decide whether punitive damages should be awarded and how much should be granted. However, they aren’t told about Nevada’s legal caps during deliberation. If they award an amount higher than the cap, the judge will reduce it later.
Even if you win punitive damages, the defendant can try to challenge the amount by arguing it’s excessive or unfair. Courts will typically reduce punitive damages if they seem out of proportion compared to similar cases.
Conclusion
Nevada takes punitive damages seriously, and courts aren’t afraid to use them when necessary. If you’re ever in a situation where someone’s reckless or malicious actions have harmed you, knowing your rights about punitive damages could be crucial in getting the justice you deserve.
Source: Ed Bernstein Injury Lawyers, Las Vegas NV
