Why Choose Tien Law Firm?
-
From beginning to end, we always help our clients prepare to win.
-
With virtual consultations, it's easier than ever to get started.
-
With our contingency fee arrangement, there's no risk.
-
Talk through all of your legal options during a free consultation.
§ 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 right of action or based in equity. In an action subject to this Chapter, in whole or in part, the provisions of this Chapter prevail over any other law to the contrary. (1995, c. 514, s. 1.)
§ 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 following aggravating factors was present and was related to the injury for which compensatory damages were awarded:
(1) Fraud.
(2) Malice.
(3) Willful or wanton conduct.
(b) The claimant must prove the existence of an aggravating factor by clear and convincing evidence.
(c) Punitive damages shall not be awarded against a person solely on the basis of vicarious liability for the acts or omissions of another. Punitive damages may be awarded against a person only if that person participated in the conduct constituting the aggravating factor giving rise to the punitive damages, or if, in the case of a corporation, the officers, directors, or managers of the corporation participated in or condoned the conduct constituting the aggravating factor giving rise to punitive damages.
(d) Punitive damages shall not be awarded against a person solely for breach of contract. (1995, c. 514, s. 1.)
What Clients are Saying About Tien Law Firm
-
I'm truly grateful to have found your firm. I can't imagine trying to go through this whole ordeal with anyone else let alone on my own. Thank you for all of your help, support, kindness and knowledge.- Tae T.
-
I am extremely happy and satisfied with the legal services provided by the Tien Law Firm and Ms. Sonya Tien in particular. Ms. Tien went above and beyond in her fight with the insurance company that I was dealing with after the car accident.- Inessa B.
-
Sonya Tien is an amazingly wonderful personal injury attorney and dedicated professional whom I would recommend to anyone without hesitation! The settlement she negotiated was far superior to what I could have possibly obtained without her expertise.- Elizabeth H.
-
Sonya is an excellent lawyer whom I would hire again in a heartbeat. She is incredibly intelligent, delightfully clever, intensely dedicated, and wonderfully warmhearted. I completely understand why her clients not only trust her but also love her.- Tanja H.
§ 1D-20. Election of Extra Compensatory 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, c. 514, s. 1.)
§ 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 amount of compensation for all other damages.
(b) Punitive damages awarded against a defendant shall not exceed three times the amount of compensatory damages or two hundred fifty thousand dollars ($250,000), whichever is greater. If a trier of fact returns a verdict for punitive damages in excess of the maximum amount specified under this subsection, the trial court shall reduce the award and enter judgment for punitive damages in the maximum amount.
(c) The provisions of subsection (b) of this section shall not be made known to the trier of fact through any means, including voir dire, the introduction into evidence, argument, or instructions to the jury. (1995, c. 514, s. 1.)
§ 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 if the actions of the defendant in operating the motor vehicle would give rise to an offense of driving while impaired under G.S. 20-138.1, 20-138.2, or 20-138.5. (1995, c. 514, s. 1.)