It’s already serious enough to suffer a major injury in New York. However, sometimes the responsible party didn’t just stop at the injury: they intended to cause you harm, and they made you suffer through their malice.
It’s tough to deal with any type of accident, but when the person in question caused you harm on purpose, you need to pursue punitive damages under New York law. These can be very difficult to pursue in New York, but with the right lawyer on your side, you could have a chance at these extra damages.
What Are Punitive Damages?
In most cases, you often go into your case with some idea of the compensation you deserve. You know that you need car repairs, medical bills, or your mental trauma compensated. But, when the other person has been negligent, you may be entitled to other damages.
Punitive damages are different from you compensatory damages because punitive damages aren’t meant to help you. Instead, they’re meant to punish the responsible party for their negligence.
This is to give them further financial consequences, but it also works as a prevention tactic. By setting such serious financial punishments, the courts hope to deter any similar actions by other people and prevent more cases like yours.
Limits to Your Damages
But, these damages aren’t easy to get. New York courts aren’t so willing to apply punitive damages to any case, so you may need to fight for damages beyond the financial and non-financial losses you should be compensated for.
First, New York requires a large amount of evidence that the responsible party wasn’t just negligent. Causing an accident and not intending to is not grounds for punitive damages. Instead, you’ll need to show that they were beyond careless. They’ll have to be dishonest, cruel, or indifferent.
While New York doesn’t have specific damage caps, it can also be difficult to get the full punitive damages you request. These damages are often reduced to be as much or less than the amount of compensatory damages you should receive.
As such, you can expect some difficulty in getting your punitive damages. While New York doesn’t limit the damages you could receive, the bar is set high for getting the damages you deserve.
After your injuries, you need some compensation for your losses. It’s important to fight back and get what you’re due. But, what if the responsible person meant to cause your or was criminally negligent? In these cases, you may need to pursue further damages.
These aren’t easy to get in New York, and without a lawyer, it can be almost impossible. If they deserve to pay punitive damages, however, seeking these damages is important. Getting punitive damages may be tough, but getting those damages can help prevent more cases like yours.