I Don’t Think The Cause Of My Injury Was Accidental. Is There Anything That Can Be Done To Punish The Person Who Caused It?

by Friedman & Ranzenhofer, PC on March 16, 2011

in Buffalo Injury Questions and Answers

Most Buffalo personal injury lawsuits revolve around the issue of negligence.  While the injured party may be arguing that the person responsible for the injury did not act as responsibility as they should have, they is rarely any reason to believe that an act was done maliciously or with complete disregard for the safety of others.

When, however, it can be established that an act was done maliciously or with complete indifference for your safety, you may pursue punitive damages.  Punitive damages are damages awarded above the amount actually needed to compensate an individual who has suffered a personal injury.  They are granted for the purpose of punishing the defendant and deterring similar conduct in the future. 

Examples of cases where punitive damages may be pursued include cases of injury caused by drunk drivers and workplace injuries where there is proof that the company was not only aware of the hazard, but also took steps to hide the risk.  If successful in pursuing punitive damages, the defendant would be required to pay an amount above and beyond that deemed necessary to compensate the injured party for items such as pain and suffering, medical expenses and lost wages.

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