In most Minnesota personal injury cases, two specific types of damages are awarded. You can seek economic damages for things like lost wages or medical expenses, and there are non-economic damages for factors like pain or disfigurement. However, there’s a third type of damages that can be awarded – punitive damages.
Punitive damages are rarely awarded in Minnesota personal injury cases, but it’s helpful to know when you may be eligible to pursue them. Below, we take a closer look at what punitive damages are and when they may be awarded in a Minnesota personal injury case.
What Are Punitive Damages?
Punitive damages are a rare type of award granted to an injured individual as a way of punishing the negligent party for their actions. In most cases, even if a person is responsible for or negligent in causing someone else’s injuries, they didn’t really expect their action or inaction to lead to compensable injuries. You didn’t intend for your son’s friend to break his leg falling off your trampoline, but it happened. That business didn’t expect a customer to slip on a wet spot and fracture their ankle, but it happened. These are run of the mill accidents that would not result in a judge awarding punitive damages.
Instead, punitive damages are only really considered when a person’s actions create a clear and obvious risk to the safety of others. Minnesota law suggests that punitive damages should only be considered if an individual can:
- Prove that the defendant’s actions or behavior demonstrated a “deliberate disregard for the rights or safety of others,” and;
- Provide enough proof to meet a “clear and convincing” threshold, which is higher than the standard “preponderance of evidence.”
There’s no set rulebook that defines which actions clearly do and do not meet this threshold of “clear and convincing,” so the judge will look at matters on a case by case basis. For example, an individual who rear-ended another vehicle because they were distracted by their vehicle’s infotainment system likely wouldn’t meet the threshold for punitive damages, but an intoxicated boat driver who drove recklessly and in violation of lake regulations and injured their skier or other boaters certainly could meet the above criteria. It’s not enough to act recklessly, their actions must showcase a clear and obvious disregard for the safety of others.
If you believe that your personal injury case rises to the level where punitive damages could be possible, you’ll want to have a lawyer by your side. Proving negligence is one thing, but proving a clear and convincing disregard for safety through reckless action is another. Cases involving punitive damages also tend to be highly emotional because the injuries are typically extreme and should have never occurred in the first place. If your emotions cloud your judgment or your anger makes it difficult for you to articulate your case in court, your chances of earning punitive damages may go out the window.
When the stakes are this high, trust your case to Dean and the team at Margolis Law Firm. We’ll comb over your case, build airtight arguments and we won’t stop until we get you every penny you deserve. If someone’s reckless actions hurt you or your family, let us get you the compensation you deserve.
For more information about punitive damage personal injury cases, or for assistance with a more standard injury claim, connect with the team at Margolis Law Firm today at (952) 230-2700.
- Are On-Call Employees Eligible For Workers’ Compensation? - July 8, 2026
- 6 Tips For Properly Reporting Your Work Injury To Your Employer - June 30, 2026
- Filing A Workers’ Compensation And Personal Injury Claim For The Same Injury - June 24, 2026