North Carolina Statutes

Chapter 1D Punitive Damages

  • § 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 acts...
  • § 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 a...
  • § 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...
  • § 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...
  • § 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, c....
  • § 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...
  • § 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...
  • § 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 separately...
  • § 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 set...
  • § 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. 1.)
  • § 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 punitive...
  • § 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 the...