Punitive Damages in a Nevada Personal Injury Case

What Are Punitive Damages? 

Punitive damages are a type of compensation available when you’re hurt because of a personal injury. Punitive damages in Las Vegas injury cases compensate the victim above and beyond compulsory damages.

These damages address a person’s willful negligence.

Some examples include:

• Drunk driving: A person chooses to drink alcohol and then drive.
• Medical malpractice: A doctor knowingly makes an error, so the patient has to return for treatment.
• Product liability: A company wants to save money, so they cut corners, knowing the product could harm consumers.

What Is the Purpose of Punitive Damages? 

Punitive damages are meant to punish a defendant when they’re guilty of appalling conduct for the mental anguish they cause to another person. They’re intended to punish the defendant’s bad behavior. In addition to punishment, they also serve as a warning to other people and corporations who are considering acting in ways likely to hurt others.

A civil case can’t result in a verdict that sentences someone to jail. Incarceration is only possible in criminal cases. However, Nevada lawmakers want to ensure defendants receive a harsh penalty when they unnecessarily hurt others.

To allow these severe penalties, Nevada lawmakers passed laws allowing punitive damages to compensate the plaintiff when serious civil wrongs are committed.

How Are Punitive Damages Different Than Other Types of Damages?

Punitive damages aren’t based on your actual losses. That makes them unlike other types of damages in injury cases. Economic damages, like medical bills and lost wages, are a simple mathematical calculation based on your actual losses.

Non-economic damages are based on the severity of your injuries. They’re meant to compensate you for the loss of regular use of your body and the pain and suffering that goes along with it.

Unlike economic damages and non-economic damages, punitive damages aren’t meant to compensate you for anything. Instead, they’re intended to send a message to the other party. They’re not based on your injuries. Instead, they focus on the other party’s actions and how they cause physical pain.

How Do I Qualify for Punitive Damages? 

The first step to getting punitive damages is winning the case. When you win the case, the jury can decide if the circumstances warrant you to receive additional compensation for damages.

You qualify if the defendant acts with any of the following:

• Oppression: Actions that create unfair hardship for victims or take advantage of an unfair financial difference.
• Fraud: Hiding the truth or trying to deceive victims.
• Malice: Intentionally hurting someone or recklessly disregarding the safety of others.

The evidence that qualifies for punitive damages must be clear and convincing. If you are eligible for additional damages, the jury can decide whether to award you or not. They don’t have to grant them, even if you qualify for them. It’s up to the jury to decide what’s fair for the circumstances.

Are There Limitations on Punitive Damages?

Nevada law limits the award to three times the number of compensatory damages, if compensatory damages are $100,000 or more. In cases where compensatory damages are less than $100,000, the jury can award up to $300,000 in punitive damages.

These limits don’t apply in the following cases:

• Defective products
• An insurer who refuses to pay in bad faith
• Defamation
• Exposure to hazardous materials

Who Decides If I Get Punitive Damages? 

The jury decides if you get punitive damages. If either party disagrees with the decision, they can appeal it. The reviewing court won’t override the jury’s decision, as long as sufficient grounds exist to justify it.

How Does the Jury Decide If I Get Punitive Damages?

Once the jury determines punitive damages are appropriate, there’s a separate proceeding to determine how much to order. Since punitive damages are meant to be painful, the defendant’s financial resources are one factor that gets taken into consideration.

The defendant’s ability to pay punitive damages is essential in determining the award amount. The jury decides the amount of the punitive damages award within the limitations of Nevada law.

Punitive Damages Example: Smith’s Food & Drug Centers v. Bellegarde

Smith’s Food & Drug Centers, Inc. v. Bellegarde is one case that discusses punitive damages in Nevada, based on employee misconduct and poor company oversight.

Bellegarde, a customer accused of shoplifting a pack of chewing gum, was detained by three employees, had her purse seized, was pepper-sprayed, and was placed in handcuffs. The chewing gum was never found.

Bellegarde left the store in an ambulance, as she had an irritated left eye and a swollen wrist. She filed a lawsuit against Smith’s, and the Supreme Court later allowed her to amend her complaint, adding the three employees as party defendants.

The case ended with the jury awarding $500 in compensatory damages against each defendant and $65,000 in punitive damages against Smith’s.

The court found that Smith’s lacked proper training on how to handle a suspected shoplifter and written procedures for employee conduct. Therefore, it concluded that Smith’s had authorized/ratified the conduct of its employees, resulting in punitive damages against the corporation.

Companies in Nevada can face punitive damages when they fail to train, supervise, or control harmful employee behavior. Under Nevada law, a corporation can act only through its authorized agents. So, an act or omission of a corporate officer or employee within their scope of employment is an act or omission of the corporation.

Nevada cases involving negligent security, corporate policy failures, or reckless employee conduct also apply this law. A corporation may be liable for punitive damages if it authorizes or ratifies fraudulent, malicious, or oppressive conduct.

For example, if it fails to train, supervise, or control harmful employee behavior.

How Adam S. Kutner Can Help With Punitive Damages Claims

If you sustained an injury due to someone else’s negligence, Adam S. Kutner can help you evaluate whether your case also qualifies for punitive damages under Nevada law.

Our team will gather and preserve key evidence, including witness statements, records, photos, and corporate/insurer communications, to determine if the defendant’s conduct was harmful and the best way to position your case for settlement or trial.

Punitive claims require careful presentation of clear and convincing evidence. We are skilled at building cases strategically.

Contact us for a free consultation today.  And remember, no fees unless we win.