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Punitive Damages

Minnesota has a specific pleading statute that prohibits a plaintiff from making a claim for punitive damages in the initial complaint. Rather, the plaintiff is required to file a motion and make a prima facie case that they can prove, by clear and convincing evidence that a defendant’s conduct shows deliberate disregard for the rights or safety of others. Such claims need to be taken seriously, because there is no insurance coverage for punitive damages. However, allowing a claim that should be settled to go to trial with a punitive damage component exposes the carrier to bad faith claims. Knowing how to balance this risk with the true value of the claim takesthe experience and fortitude that Lind, Jensen, Sullivan & Peterson, P.A. can bring to the table. Once the decision to go to trial has been made, defense counsel must be strong and skilled. Our lawyers have been handling and trying punitive damages claims for years and are willing to see them through to the end if needed.