North Carolina General Statutes Chapter 1D Punitive Damages

• N.C. Gen. Stat. § 1D-1.   Purpose of punitive damages
  Punitive damages may be awarded, in an appropriate case and subject to the provisions of this Chapter, to punish a defendant for egregiously wrongful...
• N.C. Gen. Stat. § 1D-5.   Definitions
  As used in this Chapter: (1) "Claimant" means a party, including a plaintiff, counterclaimant, cross-claimant, or third-party plaintiff, seeking recovery of punitive damages. In...
• N.C. Gen. Stat. § 1D-10.   Scope of the Chapter
  This Chapter applies to every claim for punitive damages, regardless of whether the claim for relief is based on a statutory or a common-law...
• N.C. Gen. Stat. § 1D-15.   Standards for recovery of punitive damages
  (a) Punitive damages may be awarded only if the claimant proves that the defendant is liable for compensatory damages and that one of the...
• N.C. Gen. Stat. § 1D-20.   Election of extracompensatory remedies
  A claimant must elect, prior to judgment, between punitive damages and any other remedy pursuant to another statute that provides for multiple damages. (1995,...
• N.C. Gen. Stat. § 1D-25.   Limitation of amount of recovery
  (a) In all actions seeking an award of punitive damages, the trier of fact shall determine the amount of punitive damages separately from the...
• N.C. Gen. Stat. § 1D-26.   Driving while impaired; exemption from cap
  G.S. 1D-25(b) shall not apply to a claim for punitive damages for injury or harm arising from a defendant's operation of a motor vehicle...
• N.C. Gen. Stat. § 1D-30.   Bifurcated trial
  Upon the motion of a defendant, the issues of liability for compensatory damages and the amount of compensatory damages, if any, shall be tried...
• N.C. Gen. Stat. § 1D-35.   Punitive damages awards
  In determining the amount of punitive damages, if any, to be awarded, the trier of fact: (1) Shall consider the purposes of punitive damages...
• N.C. Gen. Stat. § 1D-40.   Jury instructions
  In a jury trial, the court shall instruct the jury with regard to subdivisions (1) and (2) of G.S. 1D-35. (1995, c. 514, s.
• N.C. Gen. Stat. § 1D-45.   Frivolous or malicious actions; attorneys' fees
  The court shall award reasonable attorneys' fees, resulting from the defense against the punitive damages claim, against a claimant who files a claim for...
• N.C. Gen. Stat. § 1D-50.   Judicial review of award
  When reviewing the evidence regarding a finding by the trier of fact concerning liability for punitive damages in accordance with G.S. 1D-15(a), or regarding...

Last modified: March 23, 2014