When Can You Get Punitive Damages in a NY Personal Injury Accident?

Oct 12, 2022

Personal injury accident victims in New York have the right to file personal injury claims and pursue financial compensation for injuries suffered at the hand of someone else’s neglect.

When the fault is proven, victims of a personal injury incident can recover compensation for punitive damages, emotional distress, injuries, and financial loss. Punitive damages are sometimes awarded as a way to punish the defendant for bad behavior to deter others from behaving the similarly in the future.

The experienced personal injury attorneys in Brooklyn at Levitsky Law Firm have helped victims with various cases. Let us help you receive the compensation you deserve for your personal injury damages.

When Can You Get Punitive Damages in a NY Personal Injury Accident?

Punitive damages are rarely granted but not impossible to receive when filing a personal injury case in New York. Punitive damages are compensation awarded to victims of personal injury cases. They are meant to set an example of how negligent behavior is not tolerated and that there are significant consequences.

The case must go to trial to receive punitive damage in a personal injury claim. During the trial, the plaintiff must prove the defendant’s conduct was consciously negligent, qualifying as “willful and wanton.” For example, in the event of an auto accident, it must be proven that the driver intentionally caused the crash or willfully disregarded the safety of others, such as when driving drunk.

Is There a Cap on Punitive Damages in New York?

New York law does not cap the punitive damages a person can seek. When awarded, the person who gets punitive damages receives a substantial amount.

You may qualify for punitive damages if you have been injured in an accident due to someone else’s negligence. Working with the accident attorneys at Levitsky Law Firm PLLC can help streamline your personal injury claim and help represent you in court. By having our legal team by your side, you have a dedicated and experienced team ready to do everything possible to get you the best compensation for your injuries.