Punitive damages go beyond compensation. They are designed to punish defendants for extreme misconduct and send a clear message that reckless or malicious behavior will not be tolerated.
What Is Nevada’s Law Regarding Punitive Damages?
Nevada Revised Statutes §42.005 states that a plaintiff must prove by clear and convincing evidence that a defendant is guilty of “oppression, fraud, or malice” to recover exemplary damages and punitive damages. Clear and convincing evidence is a higher burden of proof than a preponderance of the evidence, which is the required level of proof for a personal injury case. However, it is not as high a bar to meet as beyond a reasonable doubt used in a criminal case. The statutes define fraud, malice, and oppression as:
- Fraud is the intentional deception, misrepresentation, or concealment of a material fact by the defendant with the intent to deprive the plaintiff of their legal rights or otherwise injure the person.
- Express or implied malice is conduct intended to injure someone, or “despicable conduct” the defendant engages in with a conscious disregard for the safety and rights of other people.
- Oppression is engaging in despicable conduct with a conscious disregard for another person’s rights that subjects the person to unjust and cruel hardship.
Punitive damages can be awarded in various types of personal injury cases, including car accidents and medical malpractice cases. However, punitive damages are capped in most personal injury cases.
