In the world of civil litigation, damages are the monetary amount a court can award a plaintiff. If you, or someone you care about, have been injured in New York because of another person’s negligence, you have rights. “Before you file, it’s important to consult with an attorney who can review the circumstances, evidence, and any other important information. Individuals can also be ordered to pay punitive damages that injure someone else due to negligent behavior. Compensatory damages can be awarded for such things as loss of income, bodily injury, property damage, and so on. This isn’t always so easy to determine in the beginning because all of the facts need to be gathered, current and future effects of the injuries are assessed, and how the negligence affects the quality of life in the future. What Is Impeachment & How Does It Work, Exactly? Our lawyers are thoroughly familiar with the intricacies of New York State Law and will know how to expertly build a case to ensure you receive justice. Punitive, or exemplary, damages are intended to punish the defendant for his actions and deter others from engaging in similar actions in the future. For example, if a plaintiff recovers $100,000 in compensatory … 1. The court forces the wrongdoer to pay punitive damages … In order to receive an award of punitive damages, a plaintiff must show by clear and convincing … The median punitive damage award was $64,000, and 13% of cases with punitive awards had damages of $1 million or more. In civil litigation, punitive damages can be particularly controversial. 2. Punitive damages are essentially designed to punish the defendant for his or her reckless of negligent behavior. If you have suffered a personal injury, wrongful death, or other types of damages, the compassionate personal injury attorneys at O’Dwyer & Bernstien will help you receive the justice, and closure, you deserve.”, Victor Greco – Personal Injury Lawyer – O’Dwyer & Bernstien. Punitive damages are a little more complicated than compensatory damages. The at-fault person (or their insurer) pays these damages. The Two Different Types of Compensatory Damages, Three Potential Consequences of Breach of Fiduciary Duty, Structured Settlements Under the U.S. Tax Code, Breach Of Contract: What It Is, Types, Examples, & Resolving Them. Compensatory Damages. Compensatory damages are not the only kind of damages that are awarded in a civil suit. Even an injury such as defamation can be considered as qualifying for general damages. Your lawyer may seek punitive damages… The two types of damages you may collect are compensatory or punitive damages. If someone’s behavior or actions were negligent, you have the right to file a lawsuit to pursue damages for your injuries or losses. Located in Lower Manhattan, NY, the attorneys at O’Dwyer & Bernstien, LLP provide legal representation in the fields of personal injury, construction injury, labor and employment, and real estate law. What Is The Average Car Accident Settlement In New York? Because punitive damages are meant to punish the defendant, they tend to only be available in cases where the defendant’s conduct was either reckless or negligent. Compensatory damages are intended to reimburse the plaintiff with enough … We have all heard of the term Damages. Compensatory and punitive damages may be awarded in cases involving intentional discrimination based on a person's race, color, national … In both cases, the defendant would have made a conscious decision to engage in behavior that could easily harm another person. Punitive damages, because they do not compensate for any loss (economical or emotional), are always taxable. 45 Broadway, Suite 2430 Punitive damages are neither economic nor noneconomic damages - as they are not awarded to compensate any loss - but are generally awarded in addition to compensatory damages. Nothing implied or stated on this page should be construed to be legal, tax, or professional advice. Fake News: History, Laws, & Is It Going To Ruin The Election… Again? Depending on the case, compensatory damages can include funds for a wide range of losses. The main difference between these two types of damages is that they are directed toward different parties of a civil claim. The intention is to prevent the defendant from ever repeating the wrongful act. Punitive damages are intended to punish defendants. In some personal injury lawsuits, the plaintiff will only demand compensatory damages. Again, taking the case of a motor vehicle accident, if the crash was caused because the defendant was impaired by alcohol at the time, then the plaintiff would likely be able to pursue punitive damages against the defendant. This means a plaintiff may seek punitive damages if another party is found to be at-fault for an accident. Compensatory vs. Punitive Damages. You might be wondering how much your case might be worth. Featuring Black's Law Dictionary Free Online Legal Dictionary 2nd Ed. To determine the amount of compensatory damages owed, a court will … Fax: 212-863-9230. Punitive damages, also called exemplary damages, are a form of punishing the wrongdoer but are only awarded in certain circumstances, for example, to set a public example. In civil litigation pertaining to a motor vehicle accident, for example, the plaintiff may claim compensatory damages for vehicle repair, medical bills, and income that was lost as a result of the plaintiff taking time off work to deal with his or her injuries. Examples of this would be drunk driving or distracted driving. Civil courts that punish reckless or negligent behavior with punitive damages indicate to others that such behavior will not be tolerated and that that behavior can lead to monetary consequences. Punitive Damages – Punishing the Wrongdoer. Sources:https://www.law.cornell.edu/wex/punitive_damageshttps://www.courthousenews.com/punitive-damages-allowed-under-nyc-law-second-circuit-rules/3. Punitive damages are essentially designed to punish the defendant for his or her reckless of negligent behavior. If the court finds in favor of the plaintiff (the victim), they’ll receive a monetary award for their losses, including any property damage. Compensatory damages, like the name suggests, are intended to compensate the injured party for loss or injury. Punitive damages are designed to prevent others from being hurt by the same or similar actions. These are referred to as “punitive damages” and “compensatory damages.”. People in New York often turn to a civil court to recoup losses for medical bills and treatments, or to get compensation for pain and suffering after being injured in an accident. The knowledgeable and caring attorneys at the law firm of O’Dwyer & Bernstien has been advocating for personal injury victims for more than 100 years. Compensatory vs. Punitive Damages. But that is not the case. Compensatory damages vs punitive damages Compensatory damages represent a sum of money awarded by the court to compensate a litigant or plaintiff for damages actually suffered . Best Way to Run a Free Arrest Warrant Check, Signing a Letter on Someone Else’s Behalf, Best Way to Write a Professional Letter to a Judge, How To Find A Name & Address Using A License Plate Number, How to Transfer a Car Title When The Owner Is Deceased. The compensatory damages awarded to plaintiffs are designed to give justice to them after being wronged. This means a plaintiff may seek punitive damages if another party is found to be at-fault for an accident. By submitting this form I agree with the Terms & Conditionsand Privacy Policy of the website. Compensatory damages are designed to make up for, or compensate, the victim’s losses. The more serious an accident or long-term or permanent injury is the amount of money awarded to the plaintiff usually increases.”. Examples would medical malpractice cases or product liability cases. 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