Legal Question in Personal Injury in New York

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.