Punitive damages are very powerful, but also require a very high standard of proof. You cannot plead punitive damages initially; rather, you have to prove the basis for the punitive damages as the case progresses, then move to amend your Complaint to add punitive damages.
The statutory layout for this is quite clear. Under Minn. Stat. § 549.191 (2018), a party to a civil action may move to amend the complaint to add a claim for punitive damages. In support of a punitive-damages motion, the moving party must offer prima facie evidence that clearly and convincingly shows the defendant’s “deliberate disregard for the rights or safety of others.” Minn. Stat. §§ 549.191-.20, subd. 1(a) (2018). A defendant has acted with deliberate disregard for the rights or safety of others if the defendant has knowledge of facts or intentionally disregards facts that create a high probability of injury to the rights or safety of others and: (1) deliberately proceeds to act in conscious or intentional disregard of the high degree of probability of injury to the rights or safety of others; or (2) deliberately proceeds to act with indifference to the high probability of injury to the rights or safety of others.
Importantly, the defendant does not need to know about the situation it creates, but can also be subject to punitive damages if it disregards facts that indicate a risk.
Discovery is the portion of litigation during which you prove up your right to punitive damages. Depositions, interrogatories and the like are the discovery tools. You need to have someone who will aggressively push those things to help you get to a punitive damages claim.
If you think you've been injured or wronged and might have a punitive damages claim, tell me your story and I will help assess the strength of your case.
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