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04/18/2023
by Shulman Hill
In a New York personal injury case, damages may be awarded for the victim’s economic and non-economic losses, such as medical expenses and pain and suffering. However, in rare cases, punitive damages may be awarded.
Punitive damages are disciplinary in nature. The purpose of punitive damages is to punish the at-fault party for their actions. Punitive damages are meant to deter future similar behavior.
Our firm is familiar with the New York personal injury legal process and we can advocate fiercely on your behalf. We can pursue any and all types of compensation to which you may be entitled. Call our office to set up a free consultation.
Punitive damages are not awarded in every personal injury case. In fact, this type of damage award is very rare. Punitive damages are reserved for cases involving malice or significant wrongdoing. They may also be awarded in a civil rights case.
In order to recover compensatory damages for losses such as pain and suffering, and vehicle damage, the injured person must demonstrate that the at-fault party acted negligently.
To recover punitive damages, the victim must demonstrate that the at-fault party acted with malice, reckless indifference regarding their rights or safety, or intentional wrongdoing.
The amount of compensation that an individual may recover in punitive damages depends on the facts of the case. The severity of your injury may weigh heavily on the outcome. Also, the severity of the at-fault party’s behavior could play into how much compensation a person may recover in punitive damages.
If the at-fault party acted in a way that was morally reprehensible or maliciously harmful, the court may award punitive damages to the victim. The amount of compensation you could recover varies, but punitive damages sometimes increase the payout dramatically.
Unlike some states, New York does not cap or limit the amount of punitive damages a person may be awarded in a personal injury lawsuit.
Even if you are not entitled to punitive damages, this does not mean that you cannot recover compensation. You may still have options for pursuing a case to recover compensatory damages.
To recover compensation for your financial losses and non-financial harm, you will generally need to prove that the at-fault party was responsible for your injuries and that your injuries caused you to suffer damages. Damages are losses such as medical bills or lost income.
Economic damages refer to the financial losses associated with an accident or injury. For example, an individual hurt in a slip and fall case may have significant medical bills because of their emergency room care and hospitalization. They may have been unable to work or may be permanently disabled because of their injuries. Economic damages in a personal injury case often include compensation for:
For many accident and injury victims, financial losses are not the only way in which the injury affects their life. Their non-financial suffering is often very significant.
Non-economic damages account for the non-financial harm that the victim suffered because of the injury or accident. You could receive compensation for intangible losses like pain and suffering, for example.
Punitive damages are one type of compensation sometimes awarded in a personal injury case to punish the at-fault party. However, these damages are only awarded in certain situations. The amount of compensation you can receive in punitive damages varies, so you may decide to hire a lawyer to handle your case for you.
At Shulman & Hill, we help injured parties and their families pursue compensation for their losses. Whether you or a loved one was hurt in a car accident, premises liability accident, construction accident, or another accident, we can help you take legal action. We can fight diligently on your behalf to secure fair compensation. Call our office at 866.880.0645 to get started with a free consultation.
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