In New York, punitive damages can be awarded to victims of an accident or
personal injury case. They are often imposed to punish offenders and to prevent them from
making the same mistakes or overstepping their legal boundaries.
Can I Seek Punitive Damages Against Another?
If you have been injured, you would not necessarily file for punitive damages
to help compensate for your injuries. Personal injury claims are an entirely
separate legal matter. They are meant to help you restore you back to
the health and mindset before your accident occurred.
Punitive damages are strictly enforced to punish defendants. You should
note that a judge will not always issue punitive damages for every civil
case. The law will only allow injury victims to obtain compensation for
financial and emotional losses.
Personal injury compensation covers the following:
- Medical bills
- Lost income due to inability to work
- Lost future earnings
- Pain and suffering
- Emotional anguish
Here is one example of how punitive damages worked. Let’s say someone
filed a claim against a drug manufacturing company because a dangerous
drug harmed them. They may receive maximum compensation for any injuries
and other damages. However, a judge may impose punitive damages upon the
pharmaceutical company for putting consumers at risk and failing to warn
them of the potential harm.
What Are Exemplary Damages?
Exemplary damages are another layer of severity, when the victim has suffered
from very serious, gross negligence, or were victims of violence or sexual
abuse. Or, the victim has suffered because of another’s malicious
intent. Exemplary damages can be awarded in large cases where there was
clearly malice, even if there no actual damages involved. One would only
need to demonstrate that something egregious and morally deviant had occurred.
If you have any further questions about punitive damages and personal injury
cases, do not hesitate to
contact Belushin Law Firm today! Our New York personal injury attorneys are ready to answer any questions
you might have and assist you with the claims process.