Can I Sue for Punitive Damages in a Sexual Abuse Case?

Compensation is meant to cover your losses after you’ve been harmed, but punitive damages are a special exception. Punitive damages are intended to punish the wrongdoer and deter similar conduct in the future. 

Yes, you can sue for punitive damages in a sexual abuse case. However, it is up to the court and the law to decide whether you can receive them and how much you can get. There are certain things your New York sexual abuse lawyer must prove to get them.

Notably, they have to show that the action of the abuser was willful, malicious, or recklessly indifferent to the rights of other people. This is easier to prove in sexual abuse cases compared to something like a car accident.

Held to a Higher Standard

To win a civil claim, your evidence must meet a standard called “preponderance of the evidence.” This means that the evidence must show what you’re claiming is more likely to have happened than not.

For punitive damages, many courts demand a higher standard called “clear and convincing evidence.” To meet this standard, the evidence must make your claim substantially more likely to be true than false. So, you will need a strong case before you can get punitive damages.

The highest standard of proof, “beyond a reasonable doubt”, is the evidentiary standard used for court cases. If your abuser loses their criminal case, we may be able to use the evidence from the criminal trial in your civil case to prove you deserve punitive damages.

Is There a Limit to How Much I Can Get?

Some states cap how much you can recover through punitive damages. This limits how much you can receive through punitive damages. Here are the limits in sexual abuse claims for the major states we practice in:

• New York: There are no caps on punitive damages.
• New Jersey: $350,000 or five times the amount of your other damages, whichever is greater.
• Pennsylvania: There are no caps on punitive damages.

What Determines the Value of Punitive Damages in Sexual Abuse Claims?

The court has a lot of discretion on whether you can sue for punitive damages in a sexual abuse case, and there isn’t a formula for valuing these damages. Here are some of the things they’ll consider:

The Outrageousness of the Abusers’ Actions

The more outrageous or malicious the defendant’s conduct, the higher the potential punitive damages. The defendant’s intent and state of mind at the time of the misconduct are particularly scrutinized.

Harm Caused to You

Although punitive damages are not about your harm specifically,  the nature and magnitude of the harm can influence the amount as a measure of the reprehensibility of the defendant’s conduct.

The Abuser’s Finances

One of the key purposes of punitive damages is to serve as a deterrent. Punitive damages must be high enough to impact the defendant financially and discourage similar future behavior, but not so high as to cause financial ruin or be deemed excessive.

Ratio to Compensatory Damages

A general guideline is that punitive damages should be no more than a single-digit multiple of the rest of your compensatory damages. This keeps punitive damages from becoming unconstitutionally excessive. More than four times the amount may trigger further legal scrutiny on appeals.

Comparable Cases

Courts often look at punitive damages awarded in similar cases to gauge the appropriateness of a punitive award. This comparative approach helps maintain consistency and fairness.

Am I Guaranteed to Get Punitive Damages if I Ask for Them?

Your lawyer will work to persuade the court and jury that you deserve punitive damages, but there is no guarantee. It is completely at the court’s discretion whether you will get them.

If you don’t get them, this does not impact your ability to receive compensatory damages for your physical and mental harm. Compensatory damages, which include economic and non-economic damages, are a different category from punitive damages.

Victims considering suing for punitive damages in a sexual abuse case should consult with an attorney. They can help you understand the viability of your case and the likelihood that you can receive punitive damages.

Can I Get Punitive Damages in a Settlement or Mediation?

It’s much rarer for this to happen. Punitive damages are determined by a judge or jury, not by a mediator. Unless the court demands punitive damages to be part of the mediation process, you’re not likely to receive them.

It’s even less likely if you’re suing someone who has insurance coverage for sexual abuse situations. For instance, large institutions can buy insurance policies to cover sexual abuse claims by employees. The insurers won’t offer extra money for punitive damages.

Conclusion

Yes, you can sue for punitive damages in a sexual abuse case. A sexual abuse lawyer can confirm whether your case might be eligible. Remember that your case will need to go to trial to receive them. 

To get started on the path to compensation for your sexual abuse claim, contact Morelli Law for a free consultation about your situation.