Legal Question in Personal Injury in New York
Punitive Damages for Auto Accident
My case is going to trial. The driver that hit me was DUI. Does a jury ever aware punitive damages in these cases besides the normal medical bills and lost wages and pain and suffering.
2 Answers from Attorneys
Re: Punitive Damages for Auto Accident
Its possible. A claim for punitive damages needs to be plead in the complaint. Also, the fact that the other driver was DUI alone is not enough for punitive damages in NY -- you need something else such as speeding, failing to obey a traffic light, etc. Also, it would help if the driver blood alcohol level was well above the limit and the driver had a history of DWI. The above is for informational purposes only and not meant as legal advise as there is no attorney-client privildge.
Re: Punitive Damages for Auto Accident
Sometimes punitive damages are awarded but they must be asked for in your intial complaint. It also helps if the driver did something else which caused the accident, for example cutting you off or running a red light, etc. Drunk driving alone may not be enough to award you damages.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
