If you’ve been involved in a personal injury case in New Hampshire, you may wonder whether you can sue for punitive damages. The answer is yes – in some cases. This article will explore what punitive damages are, when they can be awarded, and how to pursue them in a personal injury case in New Hampshire.
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What are punitive damages?
Punitive damages, also known as exemplary damages, are awarded in addition to compensatory damages in a personal injury case. While compensatory damages are meant to compensate the victim for their losses, such as medical bills and lost wages, punitive damages are meant to punish the defendant for their behavior.
Punitive damages are not awarded in every personal injury case and can only be sought in cases where the defendant’s actions were particularly egregious or reckless.
When can punitive damages be awarded in New Hampshire?
Under New Hampshire law, punitive damages can be awarded in personal injury cases where the defendant acted with “malice, wantonness, or oppressiveness.” This means that the defendant either intentionally harmed the plaintiff, acted in a way that showed a reckless disregard for the plaintiff’s safety, or acted in a way that was excessively aggressive or oppressive.
Some examples of behavior that could result in punitive damages include:
- Intentionally hitting someone with a car
- Driving under the influence of drugs or alcohol
- Engaging in sexual harassment or assault
- Knowingly selling a defective product
- Failing to properly maintain or repair a vehicle or piece of equipment that leads to injury or death
It’s important to note that punitive damages can only be awarded in cases where the plaintiff can prove that the defendant acted with malice, wantonness, or oppressiveness. This can be difficult to prove, and it’s essential to work with an experienced personal injury lawyer who can help you build your case.
How are punitive damages determined in New Hampshire?
Punitive damages are not awarded in a set amount and are instead determined by a judge or jury. In New Hampshire, there is no cap on punitive damages, meaning that there’s no limit to the amount that can be awarded.
When determining the amount of punitive damages to award, the judge or jury will consider various factors, including:
- The severity of the defendant’s conduct
- The defendant’s financial situation
- How similar cases have been decided in the past
Because there is no set formula for awarding punitive damages, the amount can vary widely from case to case.
How to pursue punitive damages in a personal injury case in New Hampshire
If you believe you may be entitled to punitive damages in your personal injury case in New Hampshire, you should speak with an experienced personal injury lawyer as soon as possible. Your lawyer can help you determine whether there’s a strong case for punitive damages and can assist you in gathering evidence to support your claim.
To pursue punitive damages, your lawyer will need to file a motion with the court and present evidence of the defendant’s misconduct. The judge will then decide whether to allow the case to move forward and may award punitive damages if the defendant is found to have acted with malice, wantonness, or oppressiveness.
Conclusion
While punitive damages are not awarded in every personal injury case in New Hampshire, they can be an important tool for punishing defendants who have acted recklessly or maliciously. If you believe you may be entitled to punitive damages, it’s essential to work with an experienced personal injury lawyer who can help you build your case and pursue the compensation you deserve.