What states do not have punitive damages?
Asked by: Keith Hill | Last update: January 23, 2026Score: 4.7/5 (6 votes)
Currently, punitive damages are generally uninsurable in five states (California, Colorado, New York, Rhode Island, and Utah) under the idea that allowing for the insurability of punitive damages undermines the punishing effect that such awards are meant to have.
In what states can you insure punitive damages?
Most states allow punitive damages to be insured, with at least 26 states permitting directly assessed punitive damages to be insured. Other states, such as Florida13, California14, New York15 and Illinois16, do not condone insurance recovery for directly assessed punitive damages.
What states have noneconomic damage caps?
Damage caps on medical malpractice are much more common, with 26 states having caps on non-economic damages: Alaska, California, Colorado, Hawaii, Idaho, Indiana, Kansas, Louisiana, Maryland, Michigan, Mississippi, Missouri, Montana, Nevada, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, ...
Are punitive damages always available?
Punitive damages are awarded punish a defendant for malicious conduct (such as drunk driving). Punitive damages are not available in all cases. You must request punitive damages when you file your lawsuit.
Is Florida a punitive state?
Florida Statute 768.72 allows punitive damages only when “there is a reasonable showing by evidence in the record or proffered by the claimant which would provide a reasonable basis for recovery of such damages.”
When Are Punitive Damages Available? - CountyOffice.org
What states do not allow punitive damages?
Therefore, punitive damages awards will be overturned by courts in most states if a jury has not also awarded compensatory damages. Punitive damages are not available in every state. Michigan, Nebraska, Washington, and Puerto Rico do not allow for punitive damage awards.
Does Florida have a cap on punitive damages?
Cap on punitive damages
The state of Florida does, however, impose damage caps on the amount of money that can be awarded as punishment for perceived wrongdoing attached to a personal injury complaint. The law limits punitive damages to 3 times the amount of compensatory damages, or $500,000, whichever is higher.
Does California allow punitive damages?
The right to a punitive damages award in California is strictly statutory. Civil Code section 3294 provides that a plaintiff can obtain punitive damages when it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud or malice.
What is the maximum punitive damages?
What Is the Cap on Punitive Damages? The Supreme Court and the states provide guidelines for calculating punitive damages. Although there is no maximum sum, punitive damages typically do not exceed four times the amount of compensatory damages.
How rare is punitive damages?
They are rare, occurring in only 6% of civil cases that result in a monetary award. Punitive damages are entirely unavailable under any circumstances in a few jurisdictions, including Nebraska, Puerto Rico, and Washington.
What are the best states for malpractice?
States like Texas, North Carolina and Florida have implemented tort reform laws aimed at reducing frivolous malpractice lawsuits and limiting non-economic damage awards. These states offer a more favorable legal environment for physicians, contributing to overall practice satisfaction and retention.
Can you sue a state for money damages?
California Tort Claims Act
With very few exceptions, you cannot sue the government for money damages unless you have filed a written claim within the legally specified time period.
What is the cap on punitive damages in PA?
(d) Total amount of damages. --Except in cases alleging intentional misconduct, punitive damages against an individual physician shall not exceed 200% of the compensatory damages awarded. Punitive damages, when awarded, shall not be less than $100,000 unless a lower verdict amount is returned by the trier of fact.
Are punitive damages covered in Texas?
In Texas civil cases, punitive damages are awarded when the plaintiff and their personal injury attorney can demonstrate negligence by the defendant. What does this mean? This means the at-fault party acted carelessly or failed to take action to prevent harm to others.
What is most favorable venue?
Most favored venue wording is a provision found within some directors and officers (D&O), professional, and employment practices liability (EPL) policies stating that with respect to the insurability of punitive damages, the law of the jurisdiction most favorable to the insurability of punitive damages will apply, ...
Can you insure punitive damages in Florida?
The court first noted that Florida public policy "generally prohibits insurance coverage for punitive damages for the direct wrongful conduct of an insured, even where the insurance policy specifically provides for such insurance." Florida law recognizes an exception to that prohibition, however, in cases such as this ...
What states allow punitive damages to be insured?
Those states are: Alabama, Alaska, Connecticut, Hawaii, Louisiana, Michigan, Missouri, New Hampshire, South Carolina, Texas and Virginia (see, e.g., Virginia Code §38.20227: "It is not against public policy of the Commonwealth for any person to purchase insurance providing coverage for punitive damages arising out of ...
Is emotional distress punitive damage?
If the emotional distress was caused by reckless or intentional actions, such as harassment or extreme negligence, courts may award punitive damages in addition to compensatory damages. Punitive damages are meant to punish the defendant and deter similar conduct in the future.
What is the largest personal injury settlement ever?
The largest personal injury settlement in U.S. history was the landmark 1998 Tobacco Master Settlement Agreement (MSA), where major tobacco companies agreed to pay $206 billion over 25 years to 46 states to compensate for medical costs related to smoking-related illnesses.
Is there a statute of limitations on punitive damages?
Statutes of limitations attach to causes of action. Punitive damages are usually associated with torts (1, 2 and 3 years), and statutory violations (3 years). However there are exceptions. For instance, fraud is 3 years from the date of discovery.
Can you sue for punitive damages in small claims court in California?
In small claims cases, just like other cases, you can ask for "punitive damages" (damages intended to punish the counterdefendant rather than compensate you for actual loss or injury). But you'll need to prove the counterdefendant was guilty of "oppression, fraud, or malice." (NRS 42.005(1).)
Are punitive damages unconstitutional?
This is not to say that most punitive damages laws are unconstitutional on their face. Rather, courts must take care to ensure that they are applied in a constitutional manner; that is, in a way that the defendant can be deemed to have had fair notice that its conduct could subject it to punishment.
How many states have punitive damages?
Currently, punitive damages are generally uninsurable in five states (California, Colorado, New York, Rhode Island, and Utah) under the idea that allowing for the insurability of punitive damages undermines the punishing effect that such awards are meant to have. Twenty-six states generally permit insurability.
Are punitive damages capped in New York?
In the State of New York, there are no statutory limits or caps on punitive damages, and they may be as high as a judge or jury deems necessary.
Are punitive damages capped in Illinois?
There are no caps on the amount of punitive damages in the state of Illinois. They are available in any situation where a defendant's actions were intentional or were extremely negligent.