Understanding Punitive Damages in Nevada

Nevada’s Law on Punitive Damages

Under Nevada law, a plaintiff must show at least one of the following to be eligible for punitive damages:

• Oppression: This involves conduct that intentionally causes unjust or cruel hardship to the victim. The defendant must also act with conscious disregard for the rights of the victim. For example, if a person intentionally collides with another driver or creates a hazardous situation intended to hurt someone, their conduct could fall within this category.
• Fraud: This involves intentional deceit, misrepresentation, or concealment of facts in order to intentionally harm the victim or deprive them of their property or rights. A simple mistake is not enough – there must have been some active effort to deceive the other person.
• Malice: Malice is conscious, intentional conduct that seeks to cause harm to another, with hatred, flagrant indifference, and total disregard for the well-being of the other person. When a person acts with malice, they do not care if their actions cause bodily harm or even death to another.

A plaintiff must show any of the above by clear and convincing evidence to meet their burden of proof. By this standard, the plaintiff must show a fact is highly more likely to be true than untrue. This is a tougher standard to meet than what is required for economic and non-economic damages.