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New York, NY securities attorney Jenice L. Malecki answers whether it it possible to recover punitive damages for breach of fiduciary duty or breach of contract. She notes that clients often seek punitive damages, emotional damages, and as many types of compensation as possible. However, in financial cases, where no physical injury or loss of a loved one has occurred, damages are inherently more difficult to quantify. Punitive damages are typically awarded in situations where vulnerable individuals have been exploited or where there has been a significant breach of trust. In many contracts, however, punitive damages are explicitly excluded, making their availability highly dependent on the specific facts and circumstances of each case. She adds that, while she and most lawyers will request punitive damages when justified, it remains a relatively rare form of recovery.
