North Carolina Jury Instruction - Personal Injury

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Multi-State
Control #:
US-PI-0273
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Description

This form is a sample set of jury instructions regarding the type of damages to be awarded.

How to fill out Jury Instruction - Personal Injury?

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FAQ

Limits on Punitive Damages North Carolina is one of several states that caps, or limits, punitive damages. The total amount of punitive damages cannot exceed three times the amount of compensatory damages, or $250,000, whichever amount is greater.

A punitive damage is an additional damage that a judge can approve to further penalize the defendant for inexcusable or criminal wrongdoing. North Carolina law usually caps punitive damages at 300% of any compensatory damages paid to the claimant, or at $250,000, whichever is higher.

Generally, there isn't a cap on how much you can recover in a personal injury lawsuit. This means that for most civil cases in the North Carolina court system, a plaintiff can recover economic and non-economic compensatory damages with no limit or cap on the amount.

Although there is no maximum sum, punitive damages typically do not exceed four times the amount of compensatory damages. For example, if a plaintiff recovers $100,000 in compensatory damages and is awarded punitive damages, they most likely will receive up to $400,000 in punitive damages. There are exceptions, though.

Caps on punitive damages are especially prevalent for lawsuits involving medical malpractice, and state limits on medical malpractice awards range from $250,000 to $750,000 depending on the state. By contrast, the state of Maryland limits the amount of a punitive damage award only in medical malpractice cases.

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North Carolina Jury Instruction - Personal Injury