Can I sue for treble damages?
Treble damages are awarded at the discretion of the court, but the court needs grounds – a legally acceptable reason. Courts generally award treble damages in corporate lawsuits, such as antitrust matters or patent violations, but they can extend to personal injury lawsuits as well.
Why are trebles called damages?
In United States law, treble damages is a term that indicates that a statute permits a court to triple the amount of the actual/compensatory damages to be awarded to a prevailing plaintiff.
Are punitive damages covered by insurance in New Jersey?
In New Jersey, directly assessed punitive damages likewise are not insurable as a matter of public policy. The Court held that the partnership was covered for punitive damages as long as the acts were not authorized by the partnership.
How are treble damages calculated?
A treble damages award simply refers to punitive damages that are three times or triple the amount of the award that they are normally entitled. For example, if the compensatory damages amounted to $10,000, a treble damages award would allow the plaintiff to collect $30,000.
What are punitive damages NJ?
These damages are designed to punish the wrongdoer for conduct that is dangerous or undesirable and prevent the defendant or others from engaging in similar conduct. Punitive damages are rarely awarded in cases in New Jersey, as they require that the defendant’s actions were outstandingly bad.
How do you prove punitive damages?
Punitive damages may only be awarded if the plaintiff proves by clear and convincing evidence that his or her harm was the result of actual malice. This burden of proof may not be satisfied by proof of any degree of negligence including gross negligence.
How do I prove punitive damages in New Jersey?
Proving Punitive Damages As a plaintiff, you must show by “clear and convincing evidence” that the defendant acted with either actual malice or a willful or reckless disregard for the harm that he or she may cause. This standard is higher than what you would have to prove to show liability in your case.
What does treble damages mean in a lawsuit?
As such, we can define treble damages as a recovery of three times the actual damages suffered by the plaintiff expressly authorized by law. Depending on the applicable law and the type of lawsuit filed, treble damages may be awarded.
How many times does a jury award treble damages?
Certain statutes require that after the jury has determined the amount of the plaintiff’s actual damages, the court must award three times that amount. As such, we can define treble damages as a recovery of three times the actual damages suffered by the plaintiff expressly authorized by law.
Can a court award treble damages and punitive damages?
Typically, the courts will not grant treble damages and punitive damages simultaneously as it is considered as “ double-dipping ”. The court will either grant treble damages or punitive damages, not both.
Do you have to pay treble damages in California?
In some jurisdictions, like California under Article 1719 of the California Civil Code, the law allows for additive treble damages. In other words, the treble damages will be added to the actual damages.