Buffalo Personal Injury Lawyer NewsWhat Are Punitive Damages?
In a personal injury or wrongful death lawsuit, the plaintiff may be eligible to obtain damages for their losses resulting from a defendant’s negligence. These damages are typically compensatory, meaning that they are designed to compensate victims for their actual injuries. Compensatory damages can be economic and non-economic, such as medical expenses, physical therapy costs, lost wages, property damage, pain and suffering, loss of enjoyment, and loss of consortium.
Punitive damages also referred to as exemplary damages, are another type of damages that can be awarded in addition to compensatory damages. As the name suggests, punitive damages are meant to punish defendants. Exemplary damages are awarded at the court’s discretion when the defendant’s conduct was found to be outrageous. In other words, punitive damages are reserved for instances where the defendant acted so recklessly that they showed extreme disregard for the consequences of their actions. These damages were not explicitly designed to compensate the plaintiffs and are not awarded in every case.
Negligence Alone Is Insufficient
Under New York law, a victim who pursues damages, also known as a plaintiff, has the burden of proof. In other words, the plaintiff must present evidence to establish the legal elements required to prove the particulars of their claim. 
Being the victim of an accident can be an extremely traumatic event, especially if you have suffered injuries, property damage, or other significant losses. Even seemingly minor accidents can have disastrous repercussions, such as life-long disabilities, permanent disfigurements, complete paralysis, and traumatic brain injuries. Since most accidents are unpredictable and transpire with little to no warning, victims are usually uncertain about their next steps. The last thing any accident victim wants to worry about is filing the proper forms. With a highly experienced personal injury attorney, the legal process after an accident does not have to be overwhelming. 
Being the victim of an accident resulting from another’s negligence or recklessness can have earth-shattering ramifications. Victims who sustain serious injuries forfeit small fortunes in lost incomes, medical bills, and rehabilitation costs. Not to mention, many suffer from severe physical, psychological, and emotional complications. Obtaining reasonable compensation for your injuries is often the best way to start recovering. After suffering severe accident-related injuries, victims frequently pursue personal injury lawsuits to recoup their losses. One of the main types of compensation that courts award to plaintiffs is called special or economic damages.
Suppose you have been seriously injured in an accident because of another’s wrongdoing. You may be eligible to pursue monetary compensation through a personal injury lawsuit. However, to hold the other party financially liable for your damages, you must first prove that they were negligent. Understanding the legal elements of negligence can help you win your Buffalo, New York injury claim. 
Victims often turn to personal injury claims to recoup their losses after being injured in accidents. If the verdict is in the plaintiff’s favor, they can obtain a monetary award for their losses. One type of damage awarded to victims is called compensatory damages. Compensatory damages are designed to pay victims money to cover the costs related to their injuries and other losses. In other words, this type of damage is awarded to compensate plaintiffs for the actual losses they have suffered. For instance, if a careless motorist smashed into your car and totaled it, the compensatory damages would equal the fair market value of your vehicle when it was demolished, minus the salvage value or any usable parts. The two types of compensatory damages that courts can award to plaintiffs are special damages and general damages.
Victims suffer injuries in tens of millions of severe accidents every year, such as slips and falls, collisions, and dog bites. Most of these injuries are caused by someone else’s negligence or even recklessness. The consequences of being involved in an accident can range from serious personal injuries and post-traumatic stress disorder to the destruction of property and costly hospital bills. Over 40 million accident victims require medical care due to various personal injuries each year. If you or a loved one have been injured due to someone else’s negligence, you may be wondering what type of lawyer to call.
An accident victim could file a claim against an employer if their employee caused their accident in certain situations. Since the employee caused the accident, you may be wondering how the victim can pursue a personal injury lawsuit against their employer. The answer lies in an old legal theory called respondeat superior. Respondeat superior originates from an ancient Latin saying, “let the master answer.” This principle held masters legally responsible for the actions of their servants. In the modern world, respondeat superior is still commonly applied in common law to hold employers liable for the actions of their employees. 
Many accident victims seeking damages in personal injury lawsuits are surprised to learn that an insurance company, doctor’s office, physical therapy clinic, or another party has placed a medical lien against their monetary compensation. As a result, victims may receive significantly less money than they anticipated. Since liens can substantially affect your financial outcome, knowing what they are and exactly how they work is crucial.
If you, or a family member, have suffered injuries in a Buffalo, New York car accident, you may be entitled to obtain monetary compensation. However, New York is a “no-fault” state which means that regardless of who was responsible for the crash, both drivers and passengers must file claims against the no-fault insurance of the vehicle that they were in. Under New York law, proof of no-fault insurance, also commonly referred to as personal injury protection (PIP) coverage, is required before registering a vehicle. Personal injury protection coverage promptly pays accident victims for their economic damages, such as hospital bills, lost income, and other essential expenses.