When Are Punitive Damages Awarded in New York?

If you are injured due to another party’s negligence, you may be wondering how you can recover the compensation you need in order to heal. In New York, there are various types of compensation. Read on for more information regarding personal injury accidents and the types of compensation you may recover if you are involved in an accident due to another party’s negligence.

Types of Compensation

If you are injured due to another party’s negligence, you may be entitled to recover compensation. Because there are different types of injuries with various causes and vastly differing results, there are a few types of compensation. Some of the factors that will determine the type and amount of compensation you are awarded will depend upon the cause of your injury and the severity of it. In New York, there are two main forms of compensation, compensatory and non-compensatory damages.

Compensatory- economic vs. non-economic:

Compensatory damages are paid to the victim of an injury in order to help alleviate the burdens he or she faces as a result of the injury. Within this category, there are economic and non-economic damages. Economic damages are awarded for quantifiable burdens. For example, hospital bills, physical therapy bills, in-home care, and more. On the other hand, non-economic compensation is awarded for physical and emotional burdens. For example, the injured party may be awarded compensation for struggles like loss of enjoyment of life, loss of independence, pain and suffering, and so on.

Non-compensatory- punitive damages

Punitive damages are an example of non-compensatory damages, meaning they are not meant to award the injured party, but rather to punish the negligent party. The goal is to deter the negligent party from engaging in reckless or negligent behavior again in the future. Punitive damages are not awarded often. They are only awarded in cases involving gross negligence. The defendant must be found guilty of outrageous recklessness, oppression, fraud, or malice. An example in which punitive damages may be involved is a drunk driving case in which the plaintiff was permanently injured or killed. In order to recover any type of compensation, you will want to retain the help of a skilled and dedicated personal injury attorney.

If you or a loved one has been injured in an accident in New York, contact our firm today to speak with a knowledgeable attorney. We will help you fight to recover the compensation you deserve.

Contact our Firm

The Law Offices of George Poulos is an experienced Workers’ Compensation, personal injury, bankruptcy, and Social Security Disability law firm with offices in Queens and the Bronx. We understand the implications of a serious accident, which is why we take pride in tenaciously representing our clients. If you require strong legal representation, contact our firm today to schedule a free consultation.