Posted on 07/18/24
The two main types of damages, or financial compensation, available in a personal injury claim in New York are compensatory and punitive. Compensatory damages are the most common. They compensate a victim for his or her losses in an attempt to make the victim whole again – restoring the victim to the financial state that he or she would be in had the accident not occurred.
Punitive damages – also known as exemplary damages – are not meant to reimburse a victim but instead to punish a defendant. They are designed to penalize the defendant for especially wrongful, negligent or egregious acts, as well as to set an example for others in the community for what not to do. Punitive damages may be granted in addition to compensatory damages if the courts believe the defendant’s actions warrant it.
Additionally, punitive damages serve a societal function by deterring others from engaging in similar conduct. They act as a warning that egregious behavior will have severe financial consequences, thus promoting overall community safety and ethical standards. The goal is to create a safer environment by discouraging harmful actions through the imposition of substantial penalties. Given the complexity of pursuing punitive damages, having an experienced Buffalo injury attorney from Towey Law is crucial to navigate the legal intricacies and effectively present the case.
Punitive damages are awarded based on the discretion of the judge or jury. This includes whether the plaintiff receives punitive damages and how much, if so. It is up to the plaintiff’s side of the case to establish grounds to recover punitive damages. The evidentiary standard for punitive damages is higher than simply proving that the defendant was negligent. The plaintiff or plaintiff’s attorney must show that the defendant’s actions were egregious enough to warrant punishment in the form of exemplary damages.
In New York State, punitive damages can be recovered only if the plaintiff can show that the defendant demonstrated a complete disregard for the safety or health of others. For example, if the defendant was reckless, wanton, willful or malicious in his or her actions or omissions. What it takes to meet this burden of proof depends on the case, as there is no strict guideline to define “willful and wanton negligence.”
The Second Circuit and New York Court of Appeal have granted punitive damages in cases where the defendant’s actions show a high degree of moral turpitude, meaning immoral, unethical or unjust behavior. Willful and wanton disregard for safety is also enough to merit punitive damages, especially if the defendant ignored a court order.
Just as the standard of proof in a personal injury case is clear and compelling evidence, the same is true for obtaining punitive damages. The plaintiff must provide evidence that the defendant more likely than not is guilty of these acts to obtain punitive damages. An accident attorney in Buffalo can help you base your argument for punitive damages on evidence and obtain the financial compensation that you deserve for a serious act of wrongdoing in Buffalo.