Credit: WeStudio/Shutterstock Punitive Damages Demands Require Supporting Evidence
We recommend the rules be amended so as to require that when a demand for punitive damages is set forth in a pleading, it be accompanied by a statement of facts claimed to be supportive of the demand.
August 13, 2023 at 10:00 AM
2 minute read
Under New Jersey Law (N.J.S.A. 2A:15-5.11), punitive damages must be specifically requested in a complaint. The purpose of such damages is to punish wrongdoing and deter repetition of such conduct by the wrongdoer. We do not know if there are available statistics as to what percentage of complaints filed in the Superior Court contain a demand for punitive damages, but we strongly suspect the percentage is high. We point out that punitive damages are not available except where it has been demonstrated by clear and convincing evidence that serious harm will arise from the defendant's conduct, and that the defendant acted with reckless disregard for the duration and consequences of such action.
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