# How Are Punitive Damages Determined In A New York Personal Injury Case? | Edelman, Krasin & Jaye **Table of Contents***[*Expand*]* 1. What Exactly Are Punitive Damages? 2. How Much Can You Be Awarded In Punitive Damages? 3. Differences Between Compensatory and Punitive Damages 4. Our Lawyers Can Help You Win Your Claim ![Man in gray suit holding gray suit and blue dress shirt by the collar, punitive damages possible.](https://ekjlaw.com/wp-content/uploads/2023/02/EKJPicture2.jpg) # How Are Punitive Damages Determined In A New York Personal Injury Case? In most personal injury cases, you can sue for compensatory damages to recover your losses. But if the defendant’s actions were reckless, a court can also award punitive damages, resulting in you winning a much higher settlement. Punitive damages are uncommon, but your personal injury lawyer can help you analyze your claim’s details to see if you’re eligible. ## What Exactly Are Punitive Damages? The majority of personal injury claims are eligible for general compensation. But if the court concludes that the defendant’s actions were extreme, they will force them to pay an additional penalty. The courts use [punitive damages](https://www.law.cornell.edu/wex/punitive_damages#:~:text=Punitive%20damages%20are%20considered%20punishment,a%20breach%20of%20contract%20claim.) to discourage the defendant from repeating the same actions in the future. However, they are rare, and the court will only give them out in exceptional circumstances. The most common cases where a judge applies them are: - Wrongful death lawsuits - Drunk driving incidents - Assault cases - Product liability suits - Medical malpractice cases   For a free legal consultation, call [(800) 469-7429](tel:+18004697429) ## How Much Can You Be Awarded In Punitive Damages? Similar to compensatory damages, there is no maximum limit to how much you can receive for punitive damages in New York. But if your court rules in your favor and the defendant needs to pay, the compensation you’ll receive is usually much larger than in traditional personal injury cases. Even though the law doesn’t set a limit, you can expect to receive [no more than four times](https://www.investopedia.com/terms/p/punitive-damages.asp#:~:text=Although%20there%20is%20no%20maximum,to%20%24400%2C000%20in%20punitive%20damages.) the amount of your compensatory damages. For example, if you filed for $10,000 in damages, this can go up to $40,000 with the added punitive damages. This way, the defendant receives a strict punishment and a clear warning not to repeat the offense. ## Differences Between Compensatory and Punitive Damages You typically file a claim for [compensatory damages](https://www.law.cornell.edu/wex/compensatory_damages) in a personal injury case. These monetary losses include expenses like lost wages, medical bills, or pain and suffering. On the other hand, punitive damages refer to a defendant’s reckless or malicious actions that caused the accident in the first place. In other words, a court gives this as a punishment to the defendant rather than reimbursing you for your losses. You’ll also need to qualify for compensatory damages before receiving punitive damages. [Click to contact](https://ekjlaw.com/contact-us/) our attorneys today ## Our Lawyers Can Help You Win Your Claim If you’re the victim of a personal injury case, there’s a high chance you’ll receive compensation. But if you and your attorney can prove that the other party’s actions were particularly dangerous or malicious, you may qualify for additional punitive damages. Even though courts rarely award them, you can often receive a much higher settlement when they do. Do you think your claim is eligible for punitive damages? One of our [personal injury attorneys](https://ekjlaw.com/) can analyze your case’s details to determine if you’re eligible. We can also help you build a solid defense to hold the other party accountable for their actions. Please [contact us](https://ekjlaw.com/contact-us/) online or call us at (866) 574-0729 to schedule a free consultation today. 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