You may have heard the phrase “punitive damages,” but you may not know its meaning and the cases it applies to. In North Carolina, the majority of controlling law is found in Chapter 1D of our General Statutes. The North Carolina civil litigation attorneys of Maginnis Howard have decades of experience working with the provisions of Chapter 1D. We can assist you or your business in recovering punitive damages in the appropriate case. To schedule a free case evaluation, call the firm at (919) 526-0450, or visit our contact page.
About Punitive Damages
Punitive damages may be awarded only if you first prove that you are entitled to compensatory damages. Additionally, you must prove that one or more of these factors are present: fraud, malice, or willful or wanton conduct. These are high standards to meet. Fraud requires intent to deceive, while malice implies a “sense of personal ill will” that causes the defendant to perform an unlawful act. Willful or wanton conduct means “the conscious and intentional disregard of and indifference to the rights and safety of others, which the defendant knows or should know is reasonably likely to result in injury, damages, or other harm.” A common example of willful or wanton conduct is operating a motor vehicle while under the influence of alcohol. We have settled multiple punitive damages cases in which the driver was monetarily punished for driving under the influence.
You should be aware that there is a cap on punitive damage recoveries. N.C.G.S. § 1D-25(b) provides that punitive damages “shall not exceed three times the amount of compensatory damages or two hundred fifty thousand dollars ($250,000.00), whichever is greater.” However, the only situation where this cap does not apply is in situations where the defendant caused an automobile accident because he was driving while impaired.
In many business disputes, the plaintiff will sue for fraud and Unfair and Deceptive Trade Practices. In that situation, if you successfully prove each claim, he or she will have to choose from recovering punitive damages for the fraud claim or treble damages for the Unfair and Deceptive Trade Practices claim. However, you cannot recover both.
North Carolina Punitive Damages Attorneys
Maginnis Howard regularly represents individuals and businesses in disputes involving punitive damages. Sample cases involve drunk driving automobile accidents and contract disputes involving intentional misrepresentation (i.e. fraud). We offer free consultations to all prospective clients and accept many cases, including personal injury matters, on a contingency basis. To speak with an experienced civil litigation attorney, contact Maginnis Howard at (919) 526-0450, email us at info@carolinalaw.com or visit our contact page to submit details regarding your case. Our firm represents clients across the Carolinas from our Raleigh, Charlotte, and Fayetteville offices.
