Punitive Damages After a Long Island Car Accident
Following a car accident, your first priority should always be your health and well-being. Your second priority should always be contacting a lawyer. Holding the responsible party accountable is of the utmost importance especially because the accident is the result of the at-fault party’s negligence. There are punitive damages after a Long Island car accident that your attorney can help you pursue. The damages following an accident you recover can go towards any medical bills that are the result of the accident. If you have been in a car accident, get in touch with a Long Island lawyer who can help you begin your case.
Defining Punitive Damages
Punitive damages after a Long Island car accident remain rare and do not arise in most personal injury cases. Courts allow them only when a jury needs to punish and deter extremely reckless or intentional conduct, such as when a driver deliberately uses a vehicle to strike another person. Similarly, when a corporation knowingly creates a dangerous condition, such as intentionally serving excessively hot coffee to cut costs, and someone suffers severe burns, a court may consider punitive damages. These situations involve extraordinary misconduct and occur only in limited circumstances.
How Economic and Non-Economic Damages Affect Punitive Damages
Punitive damages exist to punish a defendant for extreme misconduct. When a court considers awarding them, the jury looks at the defendant’s financial resources. For example, if the case involves a large corporation, the jury may examine the company’s net worth to determine an amount that will actually serve as a punishment and deterrent.
If it is a big corporation, it may be a larger punitive damage award, if it is a person who makes a modest income every year then the punitive damage award is going to be much less; it is not based on anything to do with the victim or the plaintiff. Keeping in mind, of course, that punitive damages in New York are rare, especially punitive damages after a Long Island car accident, so these are not issues that come up much in the jurisdiction.
Circumstances That Lead to Punitive Damages
If someone intentionally or maliciously sets out to harm somebody for a specific gain or purpose, the other person could have punitive damages awarded in that type of situation. In criminal cases where a person can still bring a lawsuit if somebody assaults another human being, they can probably get punitive damages against the person, against the assailant. Punitive damages are awarded when something very bad has occurred and/or someone has been grossly negligent.
Gross Negligence Defined
Gross negligence involves conduct far more serious than ordinary carelessness. For example, a driver who becomes intoxicated and then drives the wrong way on a one-way street engages in gross negligence. While running a red light may constitute negligence, choosing to drive while drunk and travel the wrong way on a one-way street shows a reckless disregard for safety. This level of misconduct can give an injured person the right to seek punitive damages after a Long Island car accident.
Role of an Attorney
A Long Island attorney plays a very important role when a potential client comes in, as they are immediately going to assess the value of the case. While they will not know the true value of the case until they see medical reports and hospital records, there are items that can be assessed immediately, and when they speak to a potential client, they can assess the client’s credibility as well.
A client’s credibility always plays an important role in determining a case’s value. To pursue punitive damages after a Long Island car accident, an attorney will obtain insurance information, which helps determine the amount of available recovery. The attorney will also gather the necessary medical and hospital records to support a damages claim. If you suffered injuries in a Long Island car accident, contact an attorney who can take these steps and build a strong case on your behalf.
