When Are Punitive Damages Awarded in New York?

When Are Punitive Damages Awarded in New York?

If you are injured due to another party’s negligence, you may be entitled to recover compensation. But, it is important to note that there are different types of compensation for different situations. In rare cases, an individual who has sustained an injury due to the negligence of another party may be able to recover punitive damages. Read on for more information regarding punitive damages in New York.

Economic vs. Non-Economic Damages

Economic damages are awarded for quantifiable burdens. For example, the injured party may require compensation for hospital bills and other medical bills. He or she can present bills and documents to the court, displaying how much he has been charged as a result of the accident. The same can be done when it comes to things like lost wages and property damage. Non-economic damages can be awarded for things that are not as easy to quantify. For example, some injured parties have been awarded compensation for their physical and emotional burdens. In these cases, the plaintiff may be able to recover compensation for burdens such as pain and suffering, loss of enjoyment of loss, loss of independence, and more. A plaintiff may be awarded one or both types of damages, depending on the situation.

What Are Punitive Damages?

In rare cases, punitive damages may be awarded to the injured party. Unlike economic or non-economic damages, this compensation is not to award the plaintiff. Instead, it is to punish the defendant, and an attempt to deter any future negligent behavior.

When Are They Awarded?

Punitive damages are rare because they involve more than just negligence. In order for punitive damages to be awarded, there must be proof that the responsible party acted with gross negligence or malice. An example of this may be drunk driving. In a drunk driving case, the defendant got behind the wheel of a car with full knowledge of the potential consequences and chose to do so anyway, endangering a number of lives. If someone is permanently injured or even killed due to a drunk driver, punitive damages may be awarded.

If you or a loved one has been injured due to another party’s negligence, contact our firm today to discuss your case with an experienced attorney.

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A personal injury accident can have a great impact on your life and your bank account. At Katter Law Firm, we believe that everyone should be held liable for his or her own negligence; you should not have to bear the burden of someone else’s mistakes. To learn more or to schedule a free consultation, visit us online or call us today!