A party may recover compensatory damages for any actual loss that the party can prove with reasonable certainty.
North Carolina Instruction to Jury Regarding Compensatory Damages for Conversion
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US-01363BG
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FAQ
Compensatory damages are awarded in civil court cases where loss has occurred as a result of the negligence or unlawful conduct of another party. To receive compensatory damages, the plaintiff has to prove that a loss occurred and that it was attributable to the defendant.
In North Carolina, there are no caps on the amount of economic damages one can recover in a personal injury case, whether from a slip and fall accident or a car crash.
Compensatory damages are intended to pay your actual costs related to the accident, but also to help you recover for the intangible aspects to your injury, like pain and suffering.
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.
Under North Carolina law, punitive damages can only apply if there are specific aggravating factors present: fraud, malice, or willful or wanton conduct.
Gross negligence is when a defendant has engaged in ?willful or wanton conduct? that caused the plaintiff's injury. ?Wanton? means the defendant's behavior involves actual or deliberate intention to harm or an indifference to safety, either their own or someone else's.
Compensatory damages are designed to compensate plaintiffs for the actual losses they've experienced. This type of award can be to reimburse them for medical treatments, medical bills, or any future expenses they may have due to an injury they sustained due to the negligence of another person or entity.