What Are Punitive Damages?
Punitive damages are a type of compensation awarded by the judge overseeing a civil suit. These damages punish the defendant and dissuade others from taking similar actions or risking inaction in similar circumstances. Depending on the case, punitive damages can be exponentially larger than the actual losses suffered by the victim.
How Are Punitive Damages Different From Compensatory Damages?
Punitive damages are different from other types of damages because they are not meant to repay the victim for their losses. But even though punitive damages are not meant to provide compensation to cover losses, the plaintiff still receives the punitive damages if awarded in civil litigation.
The most common type of damages awarded in a civil case is compensatory damages. These are the damages that cover losses such as your medical bills, lost wages, ongoing care costs, property damage, and other accident- or injury-related costs. They may also cover liens placed against you by an insurance company, hospital, or other agency. Pain and suffering are also compensatory, even though they do not tie directly into economic losses.
Punitive damages, meanwhile, punish the liable party for the wrongs they committed and have nothing to do with the actual losses of the victim or victims. The judge has much latitude to determine when to award punitive damages, and in what amount.
For example, imagine you suffered injuries in a motorcycle accident because a tire blew out. The tire was defective, and we hold the manufacturer liable under New York State’s consumer protection and product liability laws. The judge awards you compensation to cover your medical bills, lost wages, repairing your bike, and pain and suffering. These are compensatory damages to cover your accident-related bills. Because the tire manufacturer was aware of the defect but took no action to recall the tires or otherwise prevent your accident, the judge also awards punitive damages. This is extra compensation beyond what the accident cost you.
When Does a Judge Award Punitive Damages?
Most judges do not award punitive damages regularly. When it comes to tort liability, judges are very aware that careless mistakes can lead to serious injuries and death, even if they are the same mistakes any of us could make at any time. In general, negligence is something people do not engage in on purpose. Most people do not intend to hurt anyone else, and only occasionally does a judge come across a case where the defendant acted badly enough to warrant punitive damages. For example, it is unlikely a judge would award punitive damages because someone was speeding and unable to stop in time on wet roads.
Instead, judges reserve punitive damages for cases when there is convincing evidence to support the defendant intentionally acting negligently, or engaging in wanton bad behavior that leads to the accident or injury. For example, if a drug company produces a medicine, but they hide potentially deadly side effects from users, they judge may award punitive damages to the surviving family members of victims.
Will I Receive Punitive Damages in My Case?
There are several things in play that work together to determine if you might receive punitive damages in your case. We can ask for them during any tort action, but that does not mean the judge is likely to award them. In most cases, we will ask for punitive damages if it is obvious the defendant acted in a particularly heinous way.
We cannot tell you whether a judge will award punitive damages in your case, but it is an important consideration if the at-fault party offers a settlement agreement. The only way we can recover punitive damages in your case is if a judge determines the payout in your case. If we negotiate a settlement with the insurance company, it will not include this type of damages.
In general, courts support awarding punitive damages that are in proportion to the severity of the injuries, or the compensatory damages due to the plaintiff.
Can I Talk to a Lawyer About My Case for Free?
If you have questions about an injury accident, potential tort claim, or another type of personal injury or class action case, the attorneys at Gacovino, Lake & Associates, P.C. can help you understand your legal options for compensation, including punitive damages if applicable. Call our Long Island office today at 631-600-0000 to schedule your free case evaluation.
What Are the Symptoms of Hernia Mesh Failure?
Although the symptoms may vary between patients depending on the circumstances surrounding the mesh implant, symptoms of hernia mesh complications may include:
- Infections
- Constipation
- Fever
- Further hernias
- Displaced mesh, which may have begun moving around the area
If you notice any of these symptoms or feel any pain in the region where you received hernia mesh treatment, you should notify your doctor immediately.
According to the United States Food and Drug Administration (FDA), there has been a major increase in hernia mesh repairs since the solution became more popular in the 1980s. Some brands of hernia mesh have been deemed defective and recalled from the market.
While these repairs have helped thousands of people around the country recover from their hernia, certain brands of hernia mesh have failed and forced a doctor to repair or replace it. In the event that you have a hernia mesh failure, a defective medical device attorney may be able to help you pursue legal action against the parties responsible.
Hernia Mesh Failures and Treatments
A hernia mesh failure is a broad term for a number of conditions, all describing a situation where a surgically implanted hernia mesh does not properly work inside the body. This may take many forms including the mesh becoming dislodged and the mesh being defective.
A hernia mesh failure may require additional surgery to repair or replace the failed hernia mesh. There may be a risk of scar tissue formation due to this need for multiple surgeries. With any surgery, the patient faces a new recovery period and the possibility of infections or other complications from surgery.
Compensation for Hernia Mesh Failures
When a defective mesh causes injury, the patient may be able to recover compensation in a lawsuit against the mesh manufacturer. Many hernia mesh lawsuits allege that the makers of these medical devices knew about the risks of hernia mesh failure when they released their products but did not sufficiently inform the public about these risks.
The compensation awarded in a hernia mesh failure lawsuit may include:
- Reimbursement for the original medical procedure
- Costs of recover treatment after the hernia mesh failure
- Estimated costs of future care
- Lost wages or reduced earning income
- Pain and suffering
- And more
Speaking with a hernia mesh failure attorney may help put the legal process and possible compensation in these cases into a clearer perspective.
Defective Medical Device and Medical Malpractice Attorneys
The attorneys at Gacovino, Lake & Associates, P.C. represent victims of defective medical devices, including failed hernia mesh products. In some cases, the blame may not fall on the maker of the mesh itself, but the negligent doctors who installed it. Regardless of who put you through this tremendous amount of pain and suffering, our lawyers will work to get to the bottom of your case so we can help protect your right to compensation.
Depending on the specifics of your hernia mesh failure, you may have the ability to join other victims in a multidistrict litigation (MDL), or group lawsuit, against the responsible party. You may also have the option of conducting an individual lawsuit. Our lawyers can guide you through these options and help you make a selection for how to proceed.
When you hire our firm, you can concentrate on your recovery while we:
- Identify the liable party in your case
- Gather evidence of their liability
- Gather evidence of the extent of your injuries
- Handle all communications in your case
- Manage the legal deadlines and paperwork
- Negotiate with the insurance companies for a fair settlement offer
- Initiate a lawsuit and bring the case to trial if they are not willing to make you a fair offer
- Defend your rights the entire time
You do not have to go through this trying time alone. Gacovino, Lake & Associates, P.C. can fight for you. We may be able to recover compensation for your medical treatments, pain and suffering, and other impacts this hernia mesh failure has had on your life.
To learn more about our legal services, contact Gacovino, Lake & Associates, P.C. today at (631) 600-0000 for your free consultation. We may be able to handle your case on a contingency-fee basis with no up-front costs due.
What Are You Entitled to in a Car Accident?
After a car accident, you can pursue a claim for your injuries and damages as long as someone’s negligence caused the crash. Your claim can include the cost of your medical bills and lost wages to date, future medical care, lost wages, out-of-pocket expenses, and emotional damages.
If you suffered injuries in a car accident, we could help you with your claim. Call Gacovino, Lake & Associates, P.C. at 631-600-0000 to talk to an attorney today.
How Much Can You File a Claim for in a Car Accident?
You can legally pursue a claim for the full amount of your compensatory damages, which may include the amount of any doctor, hospital, and other medical care costs you have incurred to date. If your accident prevented you from working, you could include the full amount of your lost wages and benefits.
If you require medical treatment or care in the future, you may also include the anticipated costs in your claim. Likewise, if your injuries keep you from working in the future, you can claim the anticipated amount of your future lost wages as well as any loss of earning potential your injuries caused.
You can include the value of repairing or replacing your car, along with any other out-of-pocket expenses you incurred.
You also have the legal right to add emotional and psychological damages to your claim. This may include pain and suffering, the cost of incurred or anticipated therapy or treatment, and the loss of life’s enjoyment.
If you experienced any long-term or permanent physical damages or disability, you have the right to request compensation for that as well.
How Do You File a Car Accident Claim?
To file a car accident injury claim, you or your lawyer must assemble all relevant evidence to support your claim and submit it to the at-fault party’s car insurance carrier.
Once the insurance company opens a claim for you, they will assign an adjuster or lawyer to investigate the veracity of your claim. Because the job of an adjuster or lawyer is to minimize the insurance company’s potential liability, they will likely attempt to negotiate your claim down or find reasons to dispute liability.
A car insurance lawyer can handle these negotiations on your behalf, advise and explain your options, and protect your rights.
Will You Have to Go to Court for a Car Accident Settlement?
In most New York car accident cases, the insurance company will eventually make a reasonable settlement offer. In some cases, however, your lawyer may recommend filing a lawsuit and taking your case to court.
Although going to court offers a less certain outcome and will take longer than settling, sometimes this is the best way for you to obtain fair compensation.
If you have to go to court, your car accident lawyer can present the evidence that supports your claim, and demonstrate the at-fault party’s negligence.
Who Has Liability for a Car Accident?
New York uses a standard for determining liability known as comparative negligence. This legal standard holds that the person or persons whose negligence caused damages have liability for those damages in proportion to the degree of their negligence.
For example, if someone ran a traffic light and struck your car, they are liable for your damages. However, if you did not have your seat belt on and consequently suffered more severe injuries than you otherwise might have, the court can assign some fault to you. If the court assigns 10 percent fault to you, you can only collect 90 percent of the damages it awards.
How Can You Talk to a Car Accident Lawyer to Learn More?
Contact Gacovino, Lake & Associates, P.C. today at 631-600-0000 to schedule your complimentary consultation.
