Civil litigation aims to compensate those who have been wronged by others. Criminal litigation, on the other hand, is designed to punish wrongdoers. In certain circumstances, though, both objectives apply, and civil suit plaintiffs may recover punitive damages in addition to the standard compensatory award.
Instead of reimbursing the claimant for economic and non-economic losses, punitive damages aim to punish the defendant for especially egregious behavior. They may also be awarded in an attempt to deter certain behaviors in the future.
Every successful personal injury claim will provide the plaintiff with compensatory damages; however, since excessive financial windfalls can incentivize litigation, including frivolous suits that waste the court’s time, punitive damages are only awarded on occasion, when the defendant’s actions were morally reprehensible.
If you were hurt in some kind of preventable accident and think the claim warrants punitive damages, contact The Law Office of Richard M. Kenny. Our attorneys have more than 100 combined years of experience in legal practice, so you know your case will be in good hands. Call 212-421-0300 to schedule a free consultation with a personal injury lawyer in New York City.
Here’s what accident victims should know about recovering punitive damages in New York:
Negligence Is Not Enough
To recover punitive damages in New York, plaintiffs must prove the defendant acted with complete disregard for their health or safety. Simple carelessness is not enough to warrant a punitive award. Instead, there must be clear evidence of willful and wanton negligence, which makes the standard of proof relatively high.
In various cases, the New York Court of Appeals has defined situations that may call for a punitive award. For example, in Ross v. Louise Wise Servs., Inc., they observed such damages are permissible when the defendant’s actions “evince a high degree of moral turpitude” and demonstrate a criminal indifference to their civil obligations. And in Chauca v. Abraham, the court established that plaintiffs are entitled to punitive damages when the defendant’s actions exhibit willful or wanton negligence.
Since every case is different, there are no strict guidelines for determining if a particular claim warrants punitive damages; however, there are certain scenarios that are more likely to result in punitive awards than others.
For example, if you were hurt in a drunk driving collision, there’s a good chance you will be entitled to recover punitive damages in addition to the standard compensatory award. Likewise, if you were the victim of medical malpractice and your provider destroyed or altered evidence of the wrongdoing, the case may warrant a sizable punitive award.
Discuss Your Case with a Personal Injury Attorney in New York City
If you sustained serious injuries and want to pursue all applicable damages from the liable parties, contact an accident lawyer at The Law Office of Richard M. Kenny. Let us handle the logistics of the claim so you can focus on your health.
After evaluating the circumstances of the case, we will gather the evidence needed to prove liability and damages. Call 212-421-0300 or fill out our Contact Form to schedule a free case evaluation with one of our New York City accident attorneys.
