Nevada Jury Instruction - 2.1 Punitive Damages In General
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FAQ
Nevada Pattern Jury Instruction 10.09 tells a jury how to award damages in a case of diminished value. The court instructs the jury that if repairs don't fully restore the value of the damaged property, the jury should award the victim the difference between fair market value and the value post repair.
Nevada Law limits the award to three times the amount of compensatory damages if compensatory damages are $100,000 or more. In cases where compensatory damages are less than $100,000, the jury can award up to $300,000 in punitive damages.
There are two types of compensatory damages a court can award a plaintiff: Special damages: These damages are easy to calculate as they are based on actual expenses incurred by the victim. They include medical expenses, lost wages, property damage, and litigation costs.
In tort law, compensatory damages, also known as actual damages, are damages awarded by a court equivalent to the loss a party suffered. If a party's right was technically violated but they suffered no harm or losses, a court may instead grant nominal damages. The Supreme Court held in Birdsall v.
In a Nevada personal injury lawsuit, compensatory damages is money that the defendants must pay you to cover your past and anticipated losses related to your injuries.
The three main elements of a compensatory damage award: Lost wages, medical bills and pain and suffering.
Punitive damages may not be awarded to compensate a plaintiff. The plaintiff has the burden of proving by [a preponderance of the evidence] [clear and convincing evidence] that punitive damages should be awarded and, if so, the amount of any such damages.
These general compensatory damages include: Mental anguish. Disfigurement. Future medical expenses. Future lost wages. Long-term physical pain and suffering. Loss of consortium. Inconvenience. Loss of enjoyment of life.