Punitive damages are awarded in New York personal injury cases when the at-fault party’s conduct is especially reckless, willful, or egregious. These types of damages are intended to punish the defendant for their actions and deter similar conduct rather than compensate the victim for losses. Personal injury claims that involve fraud, malice, intentional wrongdoing, or gross negligence may warrant punitive damages. These damages are only awarded in cases where extreme misconduct has occurred.

Contact the Mark E. Seitelman Law Offices to schedule a free case evaluation if you believe that punitive damages should be awarded in your case. Our experienced personal injury attorneys can help you navigate your claim for compensation and advise you on whether punitive damages may be an option.

When Are Punitive Damages Awarded in Personal Injury Cases?

Certain elements must be present to establish negligence in a New York personal injury case:

  • Duty of care
  • Breach of duty
  • Causation
  • Damages

Essentially, your lawyer must show that the defendant failed to uphold their duty of care and that failure caused your injuries. These elements must be present in order to recover damages in a personal injury case, but punitive damages have a separate set of requirements.

Courts in New York look for evidence that proves the at-fault party acted with one of the following:

  • Willful or wanton negligence
  • A high decree of moral turpitude

Behavior that is morally reprehensible or that shocks the conscience could warrant punitive damages. In theory, any type of personal injury claim could involve this level of negligence or willful misconduct, but common examples include:

  • DUI car accidents
  • Intentional assaults or attacks
  • Premises liability cases

Punitive damages are rare in New York personal injury cases, but it is still worth exploring this option with your lawyer.

Punitive vs. Compensatory Damages: Key Differences Explained

The most common type of damages in personal injury cases is compensatory, which includes economic and non-economic damages. Compensatory damages are meant to award accident victims with compensation related to their losses in order to make them “whole.” When filing a lawsuit, the main purpose is to ensure that you are compensated appropriately for your loss and suffering.

Economic damages are quantifiable and directly related to a financial loss or expense. They include medical bills, lost wages, and property damage. Non-economic damages are more challenging to place a monetary value on because they are subjective. These damages include physical pain and suffering, emotional trauma, and permanent disability.

Punitive damages are separate from compensatory damages in New York because they are not meant to compensate the victim for their losses. Punitive damages are a form of punishment for the at-fault party to penalize them for their egregious conduct. These damages are also intended to deter anyone else from behaving similarly.

Is There a Limit on Punitive Damages in New York?

Because punitive damages can total substantial sums in select cases, some states put a limit on the amount that can be awarded in any single case. New York does not place a cap on punitive damages. This means that there is no limit to the amount of punitive damages a court can award in a personal injury case.

Keep in mind that punitive damages are rare, so it is best not to expect them to be included in your final award. This is a topic that you can discuss with your personal injury attorney. If you are eligible for compensatory damages, and the defendant acted with wanton disregard or extreme moral turpitude, the possibility of punitive damages can be explored.

Contact an Experienced NYC Personal Injury Attorney Today

New York sets strict limits on the amount of time you have to pursue legal action after an injury, so don’t wait to contact the Mark E. Seitelman Law Offices. Our team of compassionate, dedicated, and skilled personal injury attorneys is here to help you every step of the way. Our clients trust us to advocate for them during some of the most difficult periods of their lives, and we do not take this duty lightly. Contact us today to discuss how we can help you pursue fair compensation for your injuries.