If you have been injured in an accident that was caused by the negligent or intentional actions of another person or party, you may be entitled to compensation for your damages. In Nebraska, this compensation can include not only economic and non-economic damages for your medical expenses, lost wages, pain and suffering, and other losses, but also punitive damages in certain cases. In this article, we will explain what punitive damages are and when they may be awarded in a Nebraska personal injury case.
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What Are Punitive Damages?
Punitive damages, also known as exemplary damages, are damages that are intended to punish the defendant for their wrongdoing rather than compensate the plaintiff for their losses. Unlike compensatory damages, which are meant to make the plaintiff whole again and put them back in the position they were in before the accident, punitive damages are meant to deter the defendant and others from engaging in similar wrongful conduct in the future.
Punitive damages are not available in all personal injury cases, but only in cases where the defendant’s conduct was particularly egregious, willful, wanton, or reckless. Examples of such conduct may include drunk driving, intentional infliction of emotional distress, or fraudulent or malicious behavior.
Nebraska Law on Punitive Damages
In Nebraska, the law allows for punitive damages to be awarded in certain personal injury cases, but there are several requirements that must be met before they can be awarded. According to Nebraska Revised Statute § 25-21,185.05, punitive damages may be awarded only if:
- The defendant acted with willful or wanton disregard for the rights or safety of another person;
- The plaintiff proves by clear and convincing evidence that the defendant’s conduct was such that punitive damages are warranted; and
- The amount of punitive damages awarded is not greater than the amount of compensatory damages awarded.
How Are Punitive Damages Calculated?
Unlike compensatory damages, which are meant to compensate the plaintiff for their actual losses, punitive damages are meant to punish the defendant for their misconduct and deter others from engaging in similar behavior. As such, there are no fixed rules or guidelines for how punitive damages should be calculated.
In Nebraska, the amount of punitive damages that can be awarded is limited to the amount of compensatory damages awarded, and cannot exceed three times the amount of compensatory damages (Nebraska Revised Statute § 25-21,185.05). The exact amount of punitive damages to be awarded is left to the discretion of the jury or judge, based on the facts of the case and the defendant’s conduct.
Conclusion
Punitive damages are an important tool for holding defendants accountable for their wrongful conduct and deterring others from engaging in similar behavior. However, they are not awarded in all personal injury cases, and must meet certain criteria in order to be awarded. If you have been injured in an accident and believe you may be entitled to punitive damages, it is important to consult with an experienced Nebraska personal injury attorney who can help you understand your rights and pursue the compensation you deserve.