Posted on 08/21/24
Punitive damages are additional funds sometimes given to a plaintiff on top of compensatory damages if the defendant’s actions or the circumstances of the wrongful death warrant them. The definition of punitive is “intended as punishment.” As the name implies, if punitive damages are awarded in a wrongful death case, a judge believes a defendant deserves to be punished for his or her wrongful acts. If a defendant’s actions or behaviors are deemed especially wrongful, malicious, egregious or grossly negligent, punitive damages may be awarded. However, they are not granted often.
New York’s Laws on Punitive Damages
Punitive damages are typically only available in rare and extreme cases. In New York, a surviving family member can only receive punitive damages for the wrongful death of a loved one if he or she can meet the proof requirements for this type of demand. Punitive damages can be awarded in a personal injury lawsuit in New York as well as a wrongful death claim. However, there is a high standard for granting punitive damages under New York law.
Punitive damages are only given when a plaintiff can prove that a defendant’s conduct was “willful and wanton.” This means that the defendant knew of the potential risk of serious injury or death to others but committed the negligent or reckless act anyway. In a deadly car accident, for example, punitive damages may be awarded if the defendant intentionally caused the accident or displayed a reckless disregard for the safety of others, such as by driving under the influence of alcohol.
In general, punitive damages are awarded more often in wrongful death cases than Buffalo personal injury lawsuits due to the extent of the loss suffered. When a defendant’s actions are so negligent or egregious that they take someone’s life, this makes it more likely for a judge to order punitive damages. However, it is still up to a plaintiff (or plaintiff’s attorney) to prove eligibility for punitive damages in a wrongful death lawsuit.
Can I Receive Punitive Damages in My New York Wrongful Death Claim?
It is important to understand the full value of your wrongful death claim as a plaintiff. While no dollar amount can ever make up for the loss of a loved one, obtaining full and fair compensation can make it easier for your family to move forward. There are two main types of damages available: compensatory and punitive. Compensatory damages are the most common type. They refer to the economic and noneconomic losses connected to a wrongful death.
Punitive damages are granted to plaintiffs less often. Rather than compensating a victim or making a plaintiff whole again, the purpose of punitive damages is to punish a defendant. They are also known as exemplary damages, as they serve the double purpose of setting an example to others in the community for what actions or behaviors not to commit.
Limits to Punitive Damages in New York
Even after your family recovers full compensation for the loss of your loved one’s life, you may be eligible for an additional amount in the form of punitive damages. Seeking punitive damages could significantly increase the value of your claim. Historically, there have been cases where the courts in New York have awarded a plaintiff more than double the amount granted in compensatory damages in punitive damages.
There is currently no cap on punitive damages in New York. A damage cap is a limit on the amount of compensation available according to state law. With no cap on punitive damages, the amount available to you and your family will depend on the circumstances. The courts will calculate a punitive damage award based on the severity of the defendant’s behavior, the effects of the behavior and the extent of the plaintiff’s losses. For more information about punitive damages in a Buffalo wrongful death lawsuit, contact Towey Law, PLLC.