Punitive damages are additional compensation awarded when a defendant’s conduct was intentional, malicious, outrageous, or otherwise aggravated beyond mere negligence. Most Buffalo personal injury lawsuits do not involve a claim for punitive damages.
This is because the purpose of punitive damages is not to compensate the injured person for the harm done to them, but rather to punish the defendant for his or her conduct. They are separate from the compensation for medical expenses, lost wages and pain and suffering awarded in most personal injury cases.
Punitive damages require that the defendant’s conduct go well beyond mere negligence in causing the injury. They are only warranted when the defendant acted in a malicious or wanton and reckless manner. An act is considered malicious when it is done deliberately with the intent of interfering with the plaintiff’s rights. An act is considered wanton and reckless when it is done in such a way and under such circumstances that it shows a conscious indifference and utter disregard for its effect upon the safety and rights of others.
The State and its political subdivisions may not be sued for punitive damages. If you have been intentionally or maliciously injured by another and have any questions, please feel free to contact my office at 716-542-5444. We would be happy to help you.
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