Punitive Damages in New York Personal Injury Cases
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.
When Can Someone Receive Punitive Damages?
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.
How Much Compensation Can a Person Receive in Punitive Damages?
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.
Other Types of Recoverable Damages in a New York Personal Injury Case
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 in a Personal Injury Case
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:
Hospital and medical bills
Lost income caused by missed work
Future lost income
Non-Economic Damages in a Personal Injury Case
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.
Contact Our Personal Injury Lawyers for Help Pursuing Punitive Damages
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.
When you suffer injury in a car accident, slip and fall, or another incident, one of your first steps is to file an injury claim with the appropriate insurance company. A personal injury lawyer can help streamline the process by reviewing your claim, compiling evidence, and representing your best interests in settlement negotiations. An Attorney […]
You can pay your medical bills before you receive your insurance settlement by: Finding out if your healthcare provider will delay charging for treatment until the insurer agrees to cover it Filing for workers’ compensation benefits, if the injury occurred at work Finding out if your healthcare provider offers financial assistance or other forms of […]
Dealing with insurance adjusters after your accident can be confusing and frustrating. When you are injured and trying to recover, it can be especially overwhelming. Insurance adjusters have one goal: to save the insurance company money. They can use whatever you say against you to fit their bottom line. A personal injury lawyer is familiar […]
Whether you have been injured on a construction site, in a car accident, or during a slip and fall, physical injuries are likely not the only harm you suffered. For many accident victims, physical injuries and the financial losses from those injuries are only the start of their concerns. The intangible effects of the injury, […]
"The treatment received by Shulman & Hill was extremely excellent. They treated me like I was part of their family and that gave me a lot of confidence in them. I would recommend them one hundred percent because they are very trained in your area. I congratulate you and ask God to fill you with blessings. Gracias for your support."
"I would like to thank The Shulman & Hill Law Firm in Brooklyn for their outstanding representation on my worker’s compensation case. The monetary reward exceeded our expectations and Alex worked closely with me to meet and exceed my goals."
"To anyone in need of a worker’s compensation lawyer, I highly recommend Alex Shulman and his team. They went above and beyond to best accommodate me during my time of injury. All my questions and concerns were answered in a timely manner and with the utmost professionalism. In addition and most importantly they fought to make sure I was correctly compensated for my injuries at time of settlement and didn’t rush to get paid. I will be recommending their firm to anyone and everyone in need of their services."
"I am both satisfied and relieved with the results this extremely professional and reliable firm did. They lead me through the entire process, they never gave me any issues. They handled everything on their own, and always put a great deal of effort to ensure my comfort and best interest. They were always reachable and answered all my questions, and gave me information even when I didn’t know what the right question to ask was. They turned a grave dilemma into something very manageable and repairable. They are efficient and do not linger with any paperwork, I was truly amazed at the results and the short time it took. I highly recommend them to anyone, and will seek their counsel in the future."
"I really appreciate the service I received with Shulman & Hill. They walked me through the process and kept me informed every step of the way. They would call and leave a message and when I called back, I was connected with a person who knew exactly what my call was about. I was very satisfied with my settlements. Thank You!"
"Alex Shulman did a wonderful job walking me through all the process of my case…making sure I understood all the legality and severity of all my hearing. I highly recommend their firm to handle any and all worker’s compensation cases. They strive for your wellbeing health-wise as well as aiming for the financial max."
"Schulman & Hill was my very first choice I chose for my WC case . I am very pleased with the outcome of my case. I would highly recommend them to friends. They are very professional and kept me informed during every step of this process. Should I ever need a WC attorney again, God forbid, Shulman & Hill it is, hands down . Thank you ."
"I had a great experience with Shulman & Hill. They have a great team and were very understanding and helpful from day one. I felt like I was in good hands and the outcome on my case overreached my expectations! I highly recommend this firm. You can be rest assured that they will fight for you rights."
"My experience with the Shulman & Hill lawyers during this process time was excellent, they are competent and very professional lawyers, they worked quickly with my case and they kept me informed of the whole process all the time. Shulman & Hill’s fans recommend them with closed eyes, thank you very much Shulman & Hill."
"Shulman & Hill is the best firm out there. They help you understand....since walking into Shulman & Hill, they have guided me...to get a win. I am completely happy with my compensation. What brought me to Shulman & Hill was their expertise in workers compensation and personal injury cases. What I found value in was in their mission to provide compassionate service..."
"I went to the Internet to find a lawyer to assist me to navigate worker’s compensation process. Shulman & Hill was my first choice and I have no regrets. I was impressed with the prompt response to my case. I must comment on the office environment and office staff being friendly, professional and prompt. A big thanks to the lawyers that represented me at the hearings and Valeria who helped to lessen my anxiety are dealing with legal issues. I have no hesitation in recommending this law firm to anyone that requires legal services."
"The best law firm in NYC! They explain everything to you and they are very generous and helpful. The lawyers are excellent and very respectful as also is the receptionist. I highly recommend the Shulman & Hill law firm."
"Excellent lawyers. Excellent service. I will recommend them as my first choice. They helped me with my case since day one. They know exactly how to work on a case and win it. They worked fast and were always in communication with me. I won my case with a very high amount. Thanks to all the staff, I wish them my best. They will always be in my heart."
"Had a very positive experience working with Shulman & Hill in the worker’s compensation case. Everyone is very professional and competent. Received the maximum possible settlement in court. I am sincerely grateful to my lawyers and personally Alex Shulman for the work done. I wish you further success and prosperity."
"I am so glad that I chose Alex Shulman to represent me in my worker’s compensation case. I have definitely recommended him to some of my coworkers and friends who needed an Attorney. I am so happy with the service I got from him and his paralegals. Thank you very much to the entire staff at Shulman & Hill for everything!"
"Shulman & Hill have been tremendously helpful in resolving my case. They are extremely professional and thorough. I would recommend them to anyone working to resolve a difficult case."
"I was very pleased with the work of this firm. They made sure I understood my case and I was never left out of the loop. They were professional and very friendly. I would recommend them to anyone looking for someone who is going to fight for you to the very end."
"Do not waste time looking for better. There is no better than Shulman & Hill. I am very happy I got introduced to them by my good friends. Definitely THE BEST there is."
"Shulman and Hill are the absolute best: JJ, Alex and Christine are powerhouse attorneys who get the best results for their clients. I feel like these guys took care of me like family. When you’re dealing with a worker’s compensation case, you’ll want a pit bull to represent you: Shulman & Hill is the firm you need."
"Wonderful service quality by the group of professional advocates in the law firm of Shulman & Hill! I did not expect that I will find a proper solution regarding my worker’s compensation. However, it has been possible by the experts and they have made the task easier over the period. Thanks to them for their help."
"I would definitely like to thank Mr. Alex Shulman and his entire staff at Shulman and Hill for their exceptional work in helping me with my Worker’s Compensation case. Their entire staff was courteous and professional from start to finish and all work was done in a timely fashion. I was previously with a different law firm who were not as informative, and they made me feel like I was a mere money to them. I personally recommend the law offices of Shulman & Hill for any injury/ worker’s compensation case you may have. They strive to get you a maximum reward for your injury, while maintaining the utmost courtesy and professionalism."