If you were injured in Monmouth County or elsewhere in New Jersey because of someone else’s negligence, you may be entitled to punitive damages — financial awards designed to punish wrongdoing and prevent it from happening again. These damages are less common than medical bills or lost wages, but when available, they send a powerful message.

Below, we explain what punitive damages are, when they may apply, and what you need to prove if you’re seeking them in a New Jersey personal injury case.

What Types of Damages Can You Recover in a Monmouth County Personal Injury Case?

Injury victims in New Jersey may be eligible for three main categories of damages:

  • Economic damages — such as medical bills, future treatment costs, lost wages, reduced earning ability, and property damage.
  • Non-economic damages — including pain and suffering, emotional distress, and diminished quality of life.
  • Punitive damages — different from compensation, these are designed to punish especially reckless or malicious behavior.

When Are Punitive Damages Awarded in New Jersey?

Punitive damages are only awarded in exceptional cases. New Jersey law allows them when a defendant acted with “actual malice” or showed a willful disregard for the safety of others.

Examples include:

  • A driver under the influence of drugs or alcohol causes a crash
  • A hit-and-run driver who leaves the scene knowing someone may be seriously injured

In Monmouth County courts, as across the state, judges reserve the right to award punitive damages to defendants who acted with extreme recklessness or intent.

What Must You Prove to Receive Punitive Damages?

To qualify for punitive damages, several requirements must be met:

  • Include the request in your complaint — punitive damages must be specifically asked for in your court filing.
  • Be awarded compensatory damages first — you can’t receive punitive damages unless you also receive compensation for actual losses.
  • Have a separate trial phase — New Jersey requires a bifurcated trial, where liability is decided before punitive damages are considered.
  • Meet a higher burden of proof — you must prove your case by clear and convincing evidence, not just by a preponderance of the evidence.
  • Show the award is reasonable — even after a jury award, the judge must review and approve punitive damages to ensure fairness.

How Much Can Punitive Damages Be in New Jersey?

When determining the amount of punitive damages, courts look at:

  • The likelihood that the conduct would cause serious harm
  • The defendant’s awareness of the risk
  • How long the conduct continued, and whether it stopped voluntarily
  • Whether the defendant profited or tried to cover up their behavior
  • The defendant’s financial condition

Under New Jersey law, punitive damages are capped at $350,000 or five times the compensatory damages, whichever is greater. The jury deciding the case is not told about this cap.

Do You Need a Monmouth County Personal Injury Lawyer for a Punitive Damages Claim?

Because punitive damages are complex and challenging to prove, working with an experienced injury attorney is the best way to preserve your rights. At Noonan & McMahon, we understand the devastating impact of serious injuries — and we know how to hold negligent parties accountable.

If you believe your case may involve punitive damages, call for a free consultation. Our Monmouth County personal injury lawyer will review your situation, explain your options, and help you pursue the full compensation you deserve.

Punitive Damages FAQ

What are punitive damages in a New Jersey personal injury case?
Punitive damages are financial awards meant to punish a defendant for reckless or malicious behavior and deter similar conduct. They are different from compensation for medical bills or lost wages.

When can you get punitive damages in Monmouth County?
Courts in Monmouth County and across New Jersey may award punitive damages when the defendant acted with actual malice or showed willful disregard for the safety of others.

How hard is it to prove punitive damages?
It is more challenging than providing regular compensation. You must meet a higher legal standard — clear and convincing evidence — and show that the defendant’s behavior was extreme.