Most lawsuits involve some degree of compensatory damages designed to make up for the plaintiff’s losses and injuries. Punitive damages are separate from more common compensatory damages, and they are often harder for plaintiffs to get.
Punitive damages are awarded to punish defendants for their behavior, not to compensate victims for losses. In New York, there are no statutory limits or caps on punitive damages, and they may be as high as a judge or jury deems necessary. To get punitive damages, plaintiffs typically must prove that the defendant acted with actual malice or a high degree of moral turpitude. This is a very high bar and is far beyond ordinary negligence, so reach out right away for help meeting it.
Schedule a review of your case for free with our New York personal injury attorneys by calling The Martello Law Firm at (914) 685-6950.
What Are Punitive Damages in New York State?
Pinning down punitive damages in New York is challenging since there are few statutes specifically pertaining to punitive damages. Instead, many rules regarding punitive damages and how they are awarded are rooted in common law and case law.
Even so, punitive damages in New York are similar to punitive or exemplary damages in many other states.
It is important to note that punitive damages are not the same as compensatory damages. Compensatory damages are the typical damages available in most injury lawsuits and are comprised of economic and non-economic losses and injuries.
Compensatory damages, as their name suggests, compensate plaintiffs for the things they have lost or the injuries they endured. Their goal is to make victims “whole” again after accidents, and we use records, bills, and testimony to prove them.
Since punitive damages are awarded only as a punishment for defendants, plaintiffs do not have a legal right to them. Even when plaintiffs believe they have a valid claim for punitive damages, the court does not have to award them.
Does New York Limit the Punitive Damages You Can Sue For?
One major question many plaintiffs have about punitive damages is how large punitive damages awards can be. Since punitive damages are not assessed based on measurable losses by the plaintiff, determining how much they should be worth can be difficult.
New York has no statutory limits or caps on punitive damages. This means that courts and juries may award punitive damages as high as they deem necessary. So, if the defendant’s behavior was extreme or malicious, a court might award very high punitive damages as a hefty penalty for the defendant’s behavior.
Determining how large punitive damages awards might be in any given case is difficult because the plaintiff has no say in the matter. Our Westchester personal injury lawyers can help you argue for punitive damages, but the jury ultimately decides whether or not to award these damages and how much they should be worth.
What is the Purpose of Suing for Punitive Damages in New York?
The purpose of punitive damages is to punish defendants and deter others from engaging in similar behavior. As such, punitive damages are only awarded in cases where the defendant’s behavior is particularly shocking or heinous.
The courts do not automatically consider punitive damages when you file a lawsuit, regardless of the defendant’s conduct. For the court to consider punitive damages, we must specifically plead for punitive damages in the initial complaint. Plaintiffs do not request a specific amount in punitive damages, just that they want the court to consider them.
Because punitive damages are a punishment, you only get them if the defendant is found liable and the court awards them. Settling a personal injury case will not yield punitive damages, but we may leverage their possibility at trial to get bigger out-of-court settlements.
What Conduct Yields Punitive Damages in a New York State Lawsuit?
Conduct that warrants punitive damages includes any that demonstrates willful or wanton negligence or a high degree of moral turpitude. While these terms sound extreme, they are also non-specific, which can benefit plaintiffs. The exact evidence you need to establish to get punitive damages may vary from case to case.
Over time, the courts have elaborated on the types of situations that might involve punitive damages. In Prozeralik v. Capital Cities, the court reiterated the idea that the defendant’s actions should be intentional or deliberate, and the outrage over these actions should be similar to that associated with a crime. Courts have also emphasized behavior that involves malice, spite, or evil intent from the defendant.
Keep in mind that the defendant need not have actually committed a crime for there to be a finding for punitive damages. However, the defendant’s behavior should draw the same or similar reaction and outrage as a crime.
How Do I Know Whether or Not I Can Sue for Punitive Damages in New York?
Egregious misconduct, extreme recklessness, and gross negligence are not always clear to victims, especially when they are still reeling from painful injuries. Only after our lawyers investigate further may victims realize they can get even more damages than they anticipated, not just for their compensatory losses.
When we review your case, we will assess the possibility of punitive damages. Product liability, premises liability, construction incidents, and drunk driving accidents are some of the most likely to yield punitive damages.
Do not assume you can’t get punitive damages just because they are rare. If you rule out punitive damages or fail to consider any compensatory losses, you might accept an unfair settlement, which we can help avoid.
What’s Required to Get Punitive Damages in New York?
There is much required of plaintiffs to obtain punitive damages. On top of proving you deserve them, you have to file your case on time and go to trial.
Present Clear and Convincing Evidence
In New York, plaintiffs must show clear and convincing evidence of a defendant’s intentional wrongdoing or willful neglect to get punitive damages. This is a higher standard of proof than what’s expected to prove the defendant is simply liable for compensatory damages, like hospital bills and pain and suffering.
Clear and convincing evidence includes physical evidence, eyewitness statements, surveillance footage, and other relevant materials that we can compile for your case.
File Your Case on Time
Without filing your lawsuit on time, you may not get any damages whatsoever, including punitive damages. New York typically gives injury plaintiffs three years to sue, though there are some exceptions when defendants leave the state or victims are hurt as minors.
Do not assume you know the filing deadline for your case without confirming it with our New York personal injury lawyers. Otherwise, you might miss the statute of limitations, in which case you would not get any compensatory damages, let alone punitive damages.
Go to Trial
Remember, only the courts award punitive damages, so they are not available if you settle your case without a trial in New York. Defendants might be incentivized to settle for larger amounts to keep cases private, as public verdicts and punitive damage awards might have reputational consequences they cannot afford. We can help you decide whether to settle or go to trial and choose what will likely yield a larger recovery.
How Do New York Courts Decide How Much to Award for Punitive Damages?
Courts evaluate many factors when deciding how much they award for punitive damages in New York. We can use the same factors to estimate punitive damages awards before you file a lawsuit so you have an idea of your possible recovery.
Defendant’s Conduct
The defendant’s conduct is a big contributor to how much juries make them pay for punitive damages. The more egregious a defendant’s misconduct is and the more damage it causes, the more punitive damages the victim may receive.
Intentionally injuring a victim, knowingly distributing defective products, and driving under the influence of drugs and alcohol are examples of defendants acting with malice, wanton disregard, or extreme recklessness and indifference to victims’ safety.
To better understand the defendant’s conduct and whether you may get punitive damages at trial, tell us everything you can remember about the accident. In addition to your statements, testimony from other eyewitnesses can prove the defendant’s egregious misconduct, convincing the jury to give a big award for punitive damages.
Defendant’s Financial Ability
Courts may also consider a defendant’s financial ability when assessing punitive damages. Because these damages punish defendants, they are more likely in cases against hospitals, product manufacturers, and other powerful defendants.
Effect on Plaintiff
The severity of the victim’s injuries also contributes to punitive damages calculations. Suffering a permanently disabling or disfiguring injury, especially at a younger age, may increase your chances of getting punitive damages.
The nature and extent of an injury factor into your recovery, and we can accurately explain the many ways your life has changed due to the defendant’s extreme recklessness or misconduct.
How Can You Get a Substantial Award for Punitive Damages in New York?
Making the most of potential punitive damages involves finding solid evidence of the defendant’s outrageous behavior and maximizing your compensatory damages. Evidence of the defendant’s malice or evil intent combined with evidence of your injuries might influence the jury to award greater punitive damages.
Collect Evidence
Evidence that the defendant is responsible for your injuries is probably not enough to warrant punitive damages. You might also need evidence that shows the defendant’s intent. Punitive damages are more likely if we show that the defendant did not act negligently but intentionally.
Additionally, any evidence that shows the defendant wanted to cause harm or took pleasure in causing harm may help your case. Tell us about any other witnesses to the incident, and we can interview them to preserve their statements.
Maximize Compensatory Damages
It might also be helpful to maximize your compensatory damages. When juries decide how much to award for punitive damages, they might refer to your compensatory damages.
The higher your compensatory damages are, the more your potential punitive damages may be. On top of that, greater punitive damages should naturally flow from greater injuries and losses. For example, if your injuries leave you with lifelong medical complications or disabilities, the jury might be more willing to award greater punitive damages.
Call Our Lawyers
You may get a substantial jury award that includes punitive damages by calling our lawyers soon after an accident. Let us evaluate the other party’s actions, determine if punitive damages are available, calculate potential punitive damages awards, and prove you deserve punitive damages at trial in New York.
Contact Our New York State Personal Injury Attorneys to Discuss Punitive Damages in Your Case
Call The Martello Law Firm at (914) 685-6950 to schedule a free review of your case from our New Rochelle personal injury attorneys
