In most New York car accident settlements, the compensation is restricted to medical expenses, lost wages, and pain and suffering. However, certain drunk driving accidents, where the conduct of the at-fault party was so egregious, can also lead the court to consider awarding punitive damages. The goal of punitive damages is not to compensate but rather to punish those responsible. At Gabriel Law, we have handled our fair share of drunk driving cases. In this post, we will step into the shoes of an accident lawyer in New York and explain how punitive damages may be considered and awarded by court.
What are punitive damages?
Traditionally, the damages claimed are divided into the two main categories of economic and non-economic damages. Economic damages represent the damages suffered by a person that have a tangible value to them. Examples include medical expenses and lost income. On the other hand, non-economic damages represent the damages suffered that do not have a fixed value, requiring a case-by-case determination. Emotional distress, pain and suffering, loss of consortium, and loss of enjoyment of life are common non-economic damages claimed in cases.
However, there exists a third category of damages known as punitive damages. Also known as exemplary damages, these are financial penalties that are awarded by the judge as part of the judgment. The goal of punitive damages is to punish wrongdoing and hold the defendant accountable for their actions and serve as a warning to others about the consequences of similar actions.
When will the court award punitive damages in drunk driving accidents?
The court has complete discretion on awarding punitive damages. In drunk driving cases, the court may consider awarding punitive damages in situations involving:
- Extreme intoxication—When the blood alcohol content (BAC) of the at-fault driver was well beyond the legal limit.
- Prior convictions—If the at-fault party has shown a history of DWI/DUI or any other arrests or convictions, the court can lean towards considering punitive damages.
- Egregious behavior—Driving at very high speeds, driving on the wrong side of the road, and any other behavior that puts the lives of others at risk can compel the court to consider punitive damages.
- Fatalities or serious injuries—When an accident involves fatalities and serious injuries, the court will most likely award punitive damages, considering the gravity of the situation.
Conclusion
In most NYC car accident cases that have reached settlements, the primary focus is on economic and non-economic damages such as medical expenses, lost income, and pain & suffering. However, in some cases, the court finds the defendant’s conduct to be so especially reprehensible that it deserves to be punished in the form of punitive damages.
If you’re looking for a car accident lawyer in NYC that can guide you through the complex insurance and legal frameworks of NYC, then Gabriel Law is the place for you. Over the years we have handled hundreds of car accident cases and will fight tooth and nail to get you the compensation you deserve. Contact us today via phone or email and let’s get started on the road to recovery.