Can You Get Punitive Damages in a New York Car Accident Lawsuit?
After a car accident, you may be preparing to file a personal injury claim to pursue compensation for the resulting expenses and losses. You may be wondering, “Can you get punitive damages in a car accident case?” In some cases, yes. However, the state applies a high standard for awarding punitive damages for a car accident in New York. An experienced car accident lawyer can review your case and determine if punitive damages might be available.
Punitive damages are a special type of award in personal injury cases, also known as exemplary damages. These damages are intended to punish the defendant for particularly egregious conduct, such as reckless, malicious, or fraudulent defendant’s actions, and to deter similar wrongful behavior in the future. Punitive damages are not awarded for ordinary negligence; instead, they require proof that the defendant engaged in willful or wanton misconduct, or acted with a high degree of moral turpitude. Such an award is only available when the defendant’s conduct demonstrates a high degree of moral culpability, for example, in cases involving drunk driving with a child in the vehicle.
Compensatory damages, on the other hand, are meant to restore the victim’s financial state by covering medical bills, lost wages, and other losses. The primary distinction between compensatory and punitive damages lies in their purpose: compensatory damages aim to make the victim whole, while punitive damages seek to punish the defendant for grossly negligent behavior and deter similar conduct in the future.
To award punitive damages, the court must find the defendant’s conduct egregious, and the standard for punitive damages is higher than that of compensatory damages.
When Punitive Damages May Be Available in New York
After a car accident in New York, you may only be entitled to punitive damages in relatively unusual circumstances. This is because the courts apply a higher standard in these cases. Rather than ordinary negligence, the other driver’s conduct must:
- Be grossly reckless or intentional; or
- Show a conscious disregard for the safety and rights of others
In other words, the other driver’s behavior must go beyond making a simple mistake. For this reason, injured people generally only receive punitive damages awards in a narrow set of circumstances.
Additionally, New York courts require that punitive damages claims be pleaded with particularity, meaning the complaint must specify the defendant’s actions that demonstrate reckless or wanton behavior rather than mere general allegations.
Punitive vs. Compensatory Damages
In car accident cases, punitive damages are awarded strictly as a means of punishing an at-fault driver for conduct that went beyond the ordinary negligence standard. They can also help to deter similar behavior in the future, both by the at-fault driver and by other New York drivers.
Awards of punitive damages differ from money awarded to repay a person for their accident-related losses, also known as compensatory damages. Compensatory damages cover a variety of financial and personal losses, including:
- Past, ongoing, and anticipated future medical expenses
- Lost income, including lost future earning capacity/potential
- Vehicle repair expenses
- Other out-of-pocket expenses associated with the crash
- Physical and emotional pain and suffering
- Diminished quality and enjoyment of life
Compensatory damages are designed to financially restore the injured victim to the position they were in before the accident caused by another person’s negligence, covering both tangible losses, such as property damage, and intangible losses, such as pain and suffering.
The vast majority of car accident claims involve compensatory damages alone. However, when a car accident attorney believes there’s sufficient evidence that the at-fault driver’s conduct exceeded ordinary negligence, they may also pursue car accident punitive damages for their client. So, who pays punitive damages in a car accident? These might be people who have shown extreme disregard for the safety of others, such as drunk drivers, drugged drivers, drivers acting with road rage, or drivers illegally racing.
Limits on Punitive Damages in New York
New York doesn’t place a limit on punitive damages awards in personal injury cases. Even so, courts may choose to reduce or overturn an award that they deem excessive.
The bottom line is that punitive damages are very rare in New York car accident cases. Rather than focusing on pursuing punitive damages, it typically makes more sense to prepare as persuasive a negligence-based claim as possible. If you believe the evidence may support a punitive damages claim, consider discussing this issue with your car accident attorney.
Contact a New York Car Accident Lawyer to Discuss Your Case
If you got hurt in a car accident another driver caused, you may be entitled to compensation for your financial and personal losses – and, in some cases, you may have a valid punitive damages claim as well. Scott Gottlieb has over 45 years of legal experience in New York and focuses exclusively on personal injury cases. Contact our office today to arrange a free consultation with a New York car accident attorney and learn more about how we’ll go above and beyond to support you following an injury accident.
