If you were hurt in a New York car crash, there are several types of damages you may be awarded by filing a personal injury claim — depending on the facts of your case and the extent of your injuries. While economic and non-economic damages are the most common forms of compensation, a third category of damages may be available in limited car accident cases involving extreme conduct. Punitive damages, also referred to as “exemplary damages,” go beyond compensatory damages and are meant to punish a defendant for egregious behavior.
What are Punitive Damages?
Punitive damages are a category of damages that may be awarded in New York personal injury cases where a defendant’s actions were grossly negligent, willful, malicious, reckless, or intentionally harmful. Unlike economic damages and pain and suffering damages — which are meant to compensate the plaintiff for the actual losses they suffered due to their injuries — punitive damages are designed to punish the defendant for their wrongful actions. They are also meant to deter others from engaging in similar harmful conduct in the future.
When are Punitive Damages Awarded in Car Accident Cases?
Importantly, punitive damages are not available in every car accident case. They are typically reserved for matters involving moral turpitude or conduct that shocks the conscience. To obtain these types of damages, the plaintiff must be able to show that the defendant had a complete disregard for human life.
Some common examples of car crashes where punitive damages might be awarded can include cases involving the following:
- Drunk driving — If a driver was under the influence of drugs or alcohol at the time of the accident, an award of punitive damages may be appropriate.
- Excessive speeding — Punitive damages may be awarded in certain cases involving aggressive driving, street racing, or excessive speeding.
- Reckless driving — If a driver disregarded the traffic laws and operated their vehicle with a reckless disregard for human life, they may be held liable for punitive damages.
- Road rage — An award of punitive damages may be issued in accident cases involving road rage, especially if it can be established that the defendant’s conduct was egregious.
- Hit-and-run accidents — Punitive damages may be awarded in hit-and-run cases where the defendant’s actions were intentional or reckless.
- Intentional collisions — If a driver intentionally caused an accident that resulted in injury to another, an award of punitive damages may be warranted.
Punitive damages are often difficult to establish. A plaintiff must prove by clear and convincing evidence that they are entitled to an award of punitive damages. This is a much higher burden of proof than the preponderance of the evidence standard required for economic and non-economic damages.
How is the Amount of Punitive Damages Determined?
Unlike compensatory damages, there is no specific formula used to calculate punitive damages in a New York car accident case. A court would consider a variety of factors when determining the amount of punitive damages that should be awarded, including the following:
- The degree of the defendant’s misconduct
- The financial status of the defendant
- The severity of harm suffered by the plaintiff
- Whether the defendant had a history of engaging in similar conduct
There is no statutory cap on the amount of punitive damages that can be awarded in a car accident case. However, a court may still limit them if they are deemed excessive — courts strive to ensure the amount of punitive damages is proportionate to the defendant’s wrongdoing. A court has the discretion to reduce an award of punitive damages if it is considered unreasonable.
Contact an Experienced New York Personal Injury Attorney
Proving that you are entitled to an award of punitive damages for your car accident injuries can be challenging. In such cases, it’s important to have a knowledgeable personal injury attorney by your side who knows how to obtain the maximum compensation you deserve. The Edelsteins, Faegenburg & Brown, LLP is a New York personal injury firm committed to fighting for the rights of car accident victims and securing their rightful monetary recovery. Handling every case with the utmost attention to detail, we have an impressive track record of securing substantial settlements and verdicts for our clients. Contact us to schedule a free consultation at (212) 425-1999 today.