Are punitive damages the same as pain and suffering?
This is not a trick legal question, and yes, these two are completely different.
You may have thought that they were the same and could be used interchangeably, but they are not.
Punitive damages, also known as exemplary damages, are awarded in exceptional cases where the defendant’s conduct is particularly egregious, surpassing mere negligence. Marinaccio v. Town of Clarence, 20 N.Y.3d 506 (2013). Damages for pain and suffering refer to non-economic damages meant to compensate the victim for the physical, emotional, and psychological pains caused by the injury.
Understanding Punitive Damages
Courts require clear and convincing evidence that the defendant's actions were not merely negligent but were grossly negligent, intentional, or reckless. You must prove to the Court that the defendant acted with a willful disregard for others’ safety and rights.
Courts may award punitive damages in drunk driving incidents when the driver’s intoxication led to harmful accidents, representing his/her conscious disregard of the rights of others or conduct so reckless as to amount to such disregard.
Punitive damages may likewise be awarded in medical malpractice cases if a healthcare provider's conduct evinces “a reckless indifference equivalent to willful or intentional misdoing” or a “wanton and reckless disregard of [a] plaintiff’s rights.”
Additionally, manufacturers who willfully ignore safety standards to reduce costs, resulting in consumer injury, can face punitive damages.
The amount awarded in punitive damages can far exceed the actual losses incurred by the plaintiff and depends significantly on the reprehensibility of the defendant's conduct and financial status. In re 91st Street Crane Collapse Litigation 154 A.D.3d 139, 62 N.Y.S.3d 11 (1st Dept. 2017)
Indeed, the purpose of punitive damages is twofold: they serve as a punishment for the defendant for particularly reprehensible behavior and as a deterrent against future misconduct. Micari v. Mann, 126 Misc. 2d 422 (1984).
Pain and Suffering vs. Punitive Damages
In personal injury cases, pain and suffering refers to the non-economic damage an injury victim may endure. Examples include acute pain, discomfort, mental anguish, loss of enjoyment of life, and emotional trauma associated with the physical injuries sustained.
The key distinction between pain and suffering and punitive damages lies primarily in their purpose and basis for awarding them. Pain and suffering damages are intended to compensate the victim for the conscious physical and mental discomfort caused by an injury. These damages are awarded based on the severity of the pain and the expected duration of the suffering.
Punitive damages, on the other hand, are not compensatory but are designed to punish the defendant for their conduct and deter similar future behavior.
Frequently Asked Questions about Pain and Suffering
What can you do to document and prove pain and suffering?
Keep a journal documenting your symptoms and how you feel at certain times. Additionally, seek medical attention, attend all your doctor appointments, and keep all records of treatments received.
You may also ask your loved ones to testify and explain what you are no longer able to do after the injury. Having them share their observations of your symptoms shows that you were definitely in pain and suffered from the injury.
What are the types of pain and suffering?
Pain and suffering can generally be classified into two categories: physical pain and suffering and emotional pain and suffering.
Physical pain and suffering refer to pain in your body that occurs due to an injury. The pain may be temporary or chronic, including back pain, neck pain, headaches, muscle pain, and pain from broken or fractured bones.
Conversely, emotional pain and suffering pertain to the psychological distress resulting from the accident and the subsequent injuries sustained. These may include anxiety, anger, depression, grief, loss of enjoyment of life, loss of quality of life, and trauma.
How are the damages for pain and suffering in New York calculated?
Pain and suffering in New York are generally calculated by using the “Multiplier Method” or the “Per Diem” Method.
In the Multiplier Method, the economic damages (medical bills, lost wages, or property damage) are totaled and then multiplied by a number between 1.5 and 5. The multiplier typically increases with the severity of the injuries. The resulting amount is then considered compensation for your non-economic damages.
On the other hand, the per diem method involves setting a daily rate for pain and suffering, starting from the injury date to when the doctor releases you from care or until you reach “maximum medical improvement”.
Is there a cap or limit on the amount of compensation?
Unlike some other states, New York does not impose a cap or limit on the amount of compensation for pain and suffering in personal injury cases. This allows for more flexibility in determining fair compensation for personal injury victims in New York. However, there are instances where caps on pain and suffering are implemented. Specifically, in medical malpractice actions in New York, there is a statutory cap.
Talk to a New York Personal Injury Lawyer Today to Discuss Your Pain and Suffering Claim
Here at Horn Wright, we understand how an injury can impact every aspect of your life, from your physical to your mental and emotional health. Our legal team will work diligently and efficiently to ensure you receive the compensation you deserve for your pain and suffering. Contact us now at (888) 258-HNWTfor a free consultation and learn more about your legal options.