Posted on 11/13/25
When you pursue a personal injury lawsuit in Buffalo against a negligent individual, you seek what’s known as compensatory damages. These are intended to “make whole” the physical, emotional, and financial harm you experienced. In some instances, the defendant’s actions were intentional without regard for others. The burden of proof is very high, and this post will examine whether you can be awarded punitive damages in New York after an injury.
New York Law on Punitive Damages
Compensatory damages repay you for what you lost in a personal injury case, and punitive damages are meant to punish the wrongdoer for their intentionally negligent behavior. However, it’s extremely rare for a court to award these damages. Under New York law, you must demonstrate that the at-fault party’s behavior was grossly negligent, malicious, or willful.
For example, if your loved one passed away from a car accident with a drunk driver, the jury may decide you deserve full compensation in your Buffalo wrongful death claim. However, unless you and your injury attorney can show that the other driver intentionally caused the death, you aren’t likely to receive punitive damages.
Alternatively, if the death resulted from a company that knowingly sold a dangerous product, the judge may elect to issue a punitive damage award. The court will consider the possibility of similar behavior in the future from not only the defendant, but also others who may engage in the same actions. They also assess the defendant’s ability to pay and whether the plaintiff is likely to recover the full amount.
Types of Cases That May Warrant Punitive Damages
Some examples of personal injury claims that may result in a punitive damage award include:
- Companies that fail to remove and treat asbestos and expose their employees to the risk of mesothelioma
- Manufacturers that fail to issue recalls for products or components proven to cause injury or death to consumers
- An employer who repeatedly fails to address sexual harassment issues and protects abusers while punishing targeted workers
- A transportation company that fails to adequately verify the background and driving history of a driver who caused a bus accident that hurt multiple people.
It’s vital to remember that New York State courts are hesitant to issue these judgments, and a personal injury case involving a single defendant is not likely to qualify. You must go beyond the standard bar of providing a preponderance of the evidence to show clear and convincing evidence of fraud, gross negligence, malice, or intent to cause harm to others.
Why Showing Gross Negligence, Fraud, or Malice Is Challenging
Every personal injury claim depends on showing that the other party owed you a duty of care, failed in that duty, and as a result, you suffered injury. Once you establish their negligence, you have the right to claim damages. In the case of punitive damages, the court must see evidence of the defendant’s state of mind and intent to cause harm.
You would need to provide robust evidence in situations such as the following:
- Physical assault intended to hurt you specifically
- Medical malpractice where the healthcare professional knowingly withheld care due to deliberate disregard for your health
- Fraudulent schemes intended to cause substantial financial injury
Unless you can provide materials clearly showing their intent, the court will refrain from issuing a punitive damage award. Examples of commonly used evidence are medical bills, witness statements, photos, and materials showing the defendant’s negligence. When you consult with your personal injury attorney, they can advise you whether your case is strong enough to qualify.
For most claims, you have only 3 years to take action under the New York statute of limitations, although some types of cases may offer more or less time to file. To learn more about what to expect for your case, contact Towey Law PLLC and arrange for a free consultation with a skilled Buffalo accident lawyer.