Punitive damages are additional damages that are meant to punish the defendant rather than pay you back for what happened. They are based on how bad the defendant’s actions were, and how much money it would take to deter them from future bad actions. Getting these damages in New York is often important in your case.
Punitive damages are typically available only through a lawsuit; defendants usually won’t pay them voluntarily in a settlement. That being said, you have to meet all of the extra elements needed for your case to qualify for punitive damages. Case law in New York requires the victim to establish the victim’s actions were “malicious,” “wanton,” or “reckless” to the point of disregarding the safety of others. You also need additional proof of this, beyond what you would normally need to win an injury claim.
For help with your case, call Basch, Keegan & Spada’s New York car accident lawyers for a free case review: (845) 303-2748.
Can You Claim Punitive Damages in New York Injury Cases?
New York law does allow for punitive damages. We do not have a particular statute that authorizes these damages generally, but instead, we rely on case law and common law for this authority.
There are, however, statutes that explicitly authorize punitive damages in particular types of cases, avoiding any questions as to whether they are available or not.
What is the Point of Punitive Damages?
To understand how and when punitive damages can be claimed, it is important to understand why they are used.
Compensatory Damages
In most injury cases, you have “compensatory damages,” which are there to compensate or pay you back for the harms you face. This can include reimbursing you for medical bills and even paying you sums of money for intangible, “no-economic” damages, like the pain of an injury.
These damages must be proportional to the harm done to fairly pay you back.
Punitive Damages
On the other hand, punitive damages do not pay you back for what happened. They instead punish the defendant or “tortfeasor” (the one who committed a “tort” like negligence).
These punitive damages are there to tell them their conduct was, much like a crime, unacceptable. They also help deter both this individual defendant and other potential tortfeasors out there from doing the same kind of conduct again.
Punitives put them on notice that, if they do this again, they will pay extra for it.
Requirements for Punitive Damages Under New York Law
To get punitive damages, you have to provide evidence to meet a heightened burden of proof, and you need to show specific mental states on the defendant’s part:
Evidence
Most injury cases have a burden of proof called “a preponderance of the evidence.” This means you have to provide enough evidence to show that it is more likely than not that your claim is true. This equates to being “more than 50%” (e.g., 51%) sure.
Punitive damages require “clear and convincing evidence.” This is a heightened standard, but still isn’t as high as the “beyond a reasonable doubt” standard in criminal cases. Lawyers often put this at around 70-75% sure.
Mental State/Intent
You do not need to necessarily prove that they caused the injuries intentionally, but you do need to prove that what they did was more than a mere “accident.”
This standard is often described as “recklessness,” i.e., that they understood the risks to others, but continued anyway. The law specifically requires that they committed the acts with one of these intent standards:
- Willfulness, meaning they consciously committed the bad acts
- Wantonness, meaning they did them deliberately
- With reckless disregard for the safety of others, meaning they knew they would likely hurt people, but continued anyway.
Examples
The kinds of actions that justify punitive damages appear in many forms, but the following are somewhat common:
Regulatory Violations by Trucking Companies
If you were injured in a crash with a truck, it could involve a trucking company that did something they knew to be dangerous, hoping to save a buck. Our Albany, NY personal injury lawyers can often claim punitive damages by pointing to regulatory violations like these:
- Putting a truck on the road without proper maintenance or inspection
- Knowingly overloading trucks
- Knowingly ordering their drivers to drive past hours of service limits
- Putting truckers on the road after known violations, DUIs, or other dangerous driving.
These kinds of actions are simply unacceptable and could lead to punitive damages to stop trucking companies from doing similar acts in the future.
DUI Accidents
Drunk driving is not, by itself, enough to justify punitive damages. Instead, you still need to show that the circumstances surrounding the DUI were exceptionally dangerous, such as
- Drunk driving with a very high BAC
- Repeat offender DUIs
- Driving after being told they were too drunk to drive
- Bypassing an ignition interlock.
A DUI has its own criminal penalties, so punitive damages usually need some specific, reckless act to punish, separate from drunk driving itself.
Repeat Violations
Any company or person who injures someone after committing similar acts in the past and failing to reform their behavior could be made to pay punitive damages. This often comes up in
- Product injury cases
- Medical malpractice cases
- Premises liability claims
- Businesses providing amusements, recreation, or entertainment (e.g., theme parks, gyms).
If people are getting hurt in the same way, over and over again, even after multiple lawsuits, then the additional damages can be used for force them to shape up.
Is There a Limit on Punitive Damages?
New York law has no specific statutory or case law limit on punitive damages. The goal is to make damages as high as you need to to punish and deter the defendant, which may mean looking at their net worth or business profits to see how much you need to make the punitive damages.
That being said, federal case law usually limits punitive damages when they are 10 times the compensatory damages in an injury case or more.
Can You Get Punitive Damages if it Was an Accident?
We use the phrase “accident” to cover a lot of injury cases that are still someone else’s fault, not “freak accidents.” You need to show that someone hurt you willfully, wantonly, or with reckless disregard for your safety, which usually means that it is more than a mere “accident.”
If it was truly an accident, even if someone is legally at fault, it might not be enough to justify punitive damages.
Call Our New York Personal Injury Lawyers Today
If you were hurt in an accident, call (845) 303-2748 for a free case evaluation with the Poughkeepsie, NY personal injury lawyers at Basch, Keegan & Spada.