Punitive damages are used to make an example out of defendants, which is why they are also known as exemplary damages in New Jersey. When preparing your case, our lawyers can determine if punitive damages are available based on the defendant’s conduct during the accident.
You may sue for punitive and compensatory damages if another party showed a wanton and willful disregard for your safety or showed actual malice during an accident. Gauging whether a defendant’s actions rise above ordinary negligence is challenging, and our attorneys can consider the same factors juries do when confirming if you can get exemplary damages. While New Jersey limits punitive damages, the limits are high and based on a victim’s actual losses, such as medical expenses, lost income, and emotional distress. You can only get punitive and compensatory damages if you bring your lawsuit before the two-year statute of limitations runs out, and our lawyers can make sure you file on time in New Jersey.
For a confidential and free case review from Agrapidis & Maroules, call (201) 656-7828 and speak to our New Jersey personal injury lawyers today.
When Can You Sue for Punitive Damages in New Jersey?
Suppose you were harmed because of actual malice or a total disregard for your safety. In that case, you may get punitive damages in addition to compensatory damages if you take your case to court.
The courts use punitive damages to punish defendants for their egregious conduct. For example, juries might award punitive damages in drunk driving cases or premises liability cases where defendants knew of serious hazards to visitors but failed to warn them.
To get punitive damages on your behalf, our Jersey City, NJ personal injury lawyers must prove that the defendant acted with actual malice or a wanton and willful disregard for others’ safety, according to N.J.S.A. § 2A:15-5.12(4)(a). Punitive damages are often awarded in drunk driving cases because of the known dangers of driving under the influence. This can help victims seeking exemplary damages, as juries consider various factors when awarding these damages, such as the chance that serious harm would come from the defendant’s conduct. Being under the influence of drugs or alcohol seriously reduces one’s reaction times, and the dangers of drunk driving are well documented.
Victims might not know they can seek punitive damages after an accident, especially since punitive/exemplary damages are so rare. Our lawyers can review the facts of their cases to determine if these damages are available. Punitive damages must be specifically requested in initial complaints, and our attorneys can request them if the defendant’s actions warrant it. We will also cite your actual losses in the complaint and request compensation for your hospital expenses, lost wages, and pain and suffering.
Does New Jersey Limit Punitive Damages in Injury Lawsuits?
New Jersey limits punitive damages in injury lawsuits. The limit sometimes depends on a victim’s specific losses, so our attorneys must accurately calculate your economic and non-economic damages. While punitive damages can increase your award, getting compensatory damages should be your main priority.
When determining punitive damages awards, juries consider multiple factors, including the defendant’s financial ability. Juries often use punitive damages to make examples of defendants and deter others from engaging in similar behavior. For example, property management companies that routinely ignore tenants’ requests to address a hazard might be made to pay more punitive damages to a victim, as juries also consider the profitability of the defendant’s misconduct to them. Ignoring reports of hazards to save money on repairs could warrant punitive damages if a victim is injured.
According to § 2A:15-5.14, New Jersey’s limit on punitive damages is five times the amount of a victim’s compensatory damages or $350,000, whichever amount is greater. Because punitive damages calculations could rely on your compensatory damages, our lawyers must also calculate your economic and non-economic losses. Even if you get punitive damages from a jury, most of your recovery will be for compensatory damages, like medical expenses, lost wages, and pain and suffering. Unlike punitive damages, compensatory damages are not limited in New Jersey.
How Long Do You Have to Sue for Punitive Damages in New Jersey?
Statutes of limitations restrict how long victims can seek compensation from negligent parties after accidents, including punitive damages. According to § 2A:14-2(a), you may only have two years to do this in New Jersey.
While getting punitive damages can maximize your financial recovery after an accident, this is only possible if you file your lawsuit on time. Claims filed more than two years after an incident will be dismissed by the courts, and victims may not get compensation for their actual losses, let alone punitive damages. We can ensure you bring your case on time by promptly investigating the accident and preserving relevant evidence, such as security camera footage and eyewitness statements.
It is also important to note that you cannot get punitive damages from a settlement; you can only get them from a jury award. Settling your case out of court, especially too soon after filing, could leave certain damages uncompensated, making it harder for victims to financially, physically, and emotionally recover from their injuries. Leveraging evidence of gross negligence during settlement negotiations could convince the opposing side to increase their offers to avoid the time and resources associated with a trial.
Because punitive damages are awarded in court, you must go through a trial and satisfy the burden of proof to get them. Trials take time, and our lawyers can help victims weigh the pros and cons of going to court based on the likelihood that they will get punitive damages and, more importantly, compensation for their actual losses, such as medical expenses and missed income.
Call Our New Jersey Injury Lawyers to Discuss Your Case Today
Call Agrapidis & Maroules at (201) 656-7828 for help with your case from our Elizabeth, NJ personal injury lawyers.