The purpose of a personal injury case is to make a victim whole again. This is achieved by awarding the plaintiff or injured person with financial compensation from the party that is responsible for the injury. This compensation is collectively known as “compensatory damages.” However, there is also a second, less common type: punitive damages.
What Are Punitive Damages?
The word “punitive” means to inflict or intend punishment, while “damages” is the legal term for the financial compensation that can be awarded during a personal injury case. Punitive damages, therefore, refer to a special type of compensation that is awarded to punish an individual. Punitive damages are also referred to as exemplary damages, as they are awarded in addition to compensatory awards.
A judge may grant a punitive damages request if the defendant or accused party in a case committed an especially egregious act of negligence, recklessness or wrongdoing. In these situations, punitive damages are meant to penalize a defendant and discourage similar acts of wrongdoing in the future.
When Are Punitive Damages Awarded in Minnesota Injury Cases?
While compensatory damages (referring to economic and non-economic damages) are designed to make a plaintiff whole, punitive damages are considered non-compensatory and awarded at a judge’s discretion.
To receive punitive damages during a Minnesota personal injury case, the plaintiff making the request must meet the following requirements:
- Prove that the defendant’s actions or behavior demonstrated a “deliberate disregard for the rights or safety of others” (Minnesota Statutes § 549.20).
- Submit enough evidence to meet the burden of proof, which is “clear and convincing evidence” – a higher standard than the rest of the case (“a preponderance of the evidence”).
Punitive damage awards are rare in Minnesota. They are typically reserved for cases involving serious acts of wrongdoing, such as drunk driving, intentional torts (e.g., physical assault or manslaughter), and medical malpractice involving gross negligence.
Is There a Cap on Punitive Damages in Minnesota?
No, currently there is no statutory cap on the amount of punitive damages that can be awarded in a personal injury or wrongful death claim in Minnesota. The courts can decide on a fair amount based on the circumstances, such as the severity of the victim’s injuries and the level of the defendant’s misconduct.
Evidence Required to Support a Punitive Damages Claim
To prove your eligibility for punitive damages in Minnesota, you must provide evidence of gross negligence, malicious intent to harm, corporate misconduct or a wanton disregard for the safety of others. Evidence may include:
- An accident report
- Traffic citations
- Criminal convictions
- Safety violations
- Witness statements
- Photos and videos
- Expert testimony
Typically, punitive damage requests are dealt with separately from the rest of a personal injury claim. This means a judge will decide on the issue of punitive damages apart from the initial process of determining whether a defendant is liable and ordering compensatory damages.
How to Request Punitive Damages as Part of Your Injury Claim in Minnesota
If you wish to put forward a claim for punitive damages during your Minnesota personal injury case, the best way is by hiring an attorney to represent you. These claims can be difficult to successfully prove with enough evidence. A lawyer can help you meet the standard of proof and show the courts why it is appropriate to punish the wrongdoer based on your accident and injuries.
For more details about punitive damage awards in Minnesota, contact Goldenberg Lauricella, PLLC for a free case review.