Suing for Punitive Damages in New York
The civil litigation system in New York, New York is designed to provide compensation for individuals who are injured because of the unlawful conduct of others. It is not much concerned with punishing or deterring wrongdoers.
Of course, there are exceptions to this rule. In New York, New York, courts will, in relatively rare cases, require defendants to pay plaintiffs sums of money which aren't calculated by the actual harm and costs the plaintiff has incurred. Rather, these "punitive damages," as they are called, are meant to punish and deter wrongdoing.
Punitive Damages in New York, New York are not awarded lightly, because the civil justice system typically disfavors giving plaintiffs financial windfalls not directly related to compensating them for their injuries. They are usually only awarded when the conduct of the defendant is morally reprehensible, and far worse than simple carelessness.
Conduct that can give rise to punitive damages in New York, New York
A majority of personal injury litigation actions in New York, New York do not involve the possibility of punitive damages, because they normally involve injuries where the defendant is at fault for the harm caused, but did not intend to do any harm. In New York, New York, accidental harm may be enough to award the plaintiff compensatory damages, but it is not enough for punitive damages.
In New York, New York, punitive damages are only awarded in extreme situations. Civil wrongs such as fraud, conversion (theft), battery, and other intentional, depraved acts are sufficient to award punitive damages. In deciding whether or not to award punitive damages, and how much money to award, courts in New York, New York will consider many different factors. Normally, they employ a sliding scale, weighing the nature of the conduct and the actual harm that the conduct caused. The more immoral the conduct, and/or the more harm caused, the more likely a court is to award punitive damages.
You should be aware of the fact that there are some pretty severe limits on punitive damages in New York, New York. The U.S. Supreme Court has found that there are constitutional limits on punitive damage awards. Punitive damages can't be too disproportionate to the actual damages that the plaintiff has suffered. Appeals courts have found that excessive punitive damage awards violate the defendant's right to due process, by depriving them of massive amounts of property.
Punitive damages in New York, New York normally cannot exceed 10 times the amount of actual damages suffered by the plaintiff. However, this is just a guideline, and not a strict rule. Courts in New York have found larger punitive damage awards to be perfectly valid, and smaller ones to be invalid. This will be highly dependent on the facts of each case.
Find a New York Lawyer that Specializes in Your Area of Need:
How Can a New York, New York Attorney Help?
New York, New York's courts have wide discretion in awarding punitive damages. Accordingly, it is impractical to comprehensively discuss all the situations in which punitive damages can arise.
If you are immersed in a case in New York, New York where punitive damages are a possibility, a very large amount of money could be at stake, whether you are the plaintiff or defendant. You should not hesitate to speak with a civil litigation attorney in New York, New York
19434 cases posted to LegalMatch lawyers in New York
Punitive Damages Attorneys in the Largest NY Cities
Life in New YorkEnough cannot be written about New York City. New York City is filled with great night life, wonderful tourist attractions, history, great fashion, and exquisite food. Tourists often love to visit the Empire State Building, Statute of Liberty, Grand Central Terminal, Rockefeller Center, Ellis Island, Staten Island, the American Museum of Natural History, the Museum of Modern Art, and Central Park.
New York is also filled with many great attractions that are not so well known. For a bit of fun, tourists can go Madame Tussaud's to hang out and take pictures with some of the world's most famous celebrities. To experience New York with some speed, people can ride the New York Skyride. To see some breathtaking views, the spot to visit is Top of the Rock. Lastly, New York City is home to the largest Cathedral in the world-The Cathedral of St. John the Divine.
With so much to offer, New York City has not left the legal industry behind. In fact, New York City is home to some of the largest, multinational firms in the world. These firms are filled with ivy-league law graduates, expected to be some of the brightest legal minds in the country. Therefore, it is likely that no legal matter will remain unsolved by the legal force in New York City.