When most people think of compensation after a car accident, they think of compensation for medical bills, lost wages, and pain and suffering. However, in some cases, where serious wrongdoing is involved, the court can take things a step further and award punitive damages. In this blog, the team at Gabriel Law will take the spotlight as an accident lawyer in New York and explain everything you need to know about claiming damages, punitive damages, and the special circumstances where punitive damages can apply.
What are punitive damages?
Punitive damages are the damages that are awarded by the courts to punish the offending party and serve as a warning for them and all others about the consequences of their actions. However, keep in mind that punitive damages are only awarded in the most extreme cases. An accident lawyer in New York may only ask the court to award punitive damages when:
- The offending driver intentionally drives the vehicle towards another vehicle or pedestrian.
- The driver is driving under the influence of drugs or alcohol (punitive damages are more likely if the driver in question has a history of DWI).
- The driver operates a vehicle that has known safety problems.
When awarding punitive damages, the court will consider factors such as the negligent party’s net worth, the likelihood of repeat offenses or reckless behavior, as well as the injuries suffered by the victim. If the court believes that the offense is a one-off situation, then they may not award punitive damages. However, if they believe that the at-fault party is very likely to be a repeat offender, then punitive damages may be awarded.
Do we need to file a separate action for punitive damages in New York?
In New York, you do not need to file a separate claim for punitive damages in New York. It can be included as part of your personal injury lawsuit, where your auto accident attorney in Queens can claim for economic, non-economic, and punitive damages.
Should an injured person file for punitive damages even if success is not guaranteed?
In New York, there is no upper limit on the amount of damages a person can collect. Therefore, an injured person, with the help of their Queens car accident lawyer, can go through the case and see what types of damages can be claimed. While it is rare for the courts to award punitive damages, the chances of getting them are not zero. Provided your case attorney can justify the need for damages, the court can weigh the facts and award damages as they see fit.
Conclusion
In a personal injury lawsuit, a person can claim economic, non-economic, and punitive damages. However, unlike the other two, punitive damages are intended to punish the offender and are only awarded in exceptional circumstances.
If you have been injured in a car accident in New York and want to take legal action against the parties at fault, Gabriel Law is here to help. As a personal injury law firm in NYC, we’ve helped thousands of New Yorkers in their efforts to secure justice and compensation. We will fight tooth and nail to secure the compensation you deserve. Contact us today to schedule your free and confidential consultation.
