Securities Litigation Attorney in New York, New York

Is it possible to recover punitive damages for breach of fiduciary duty or breach of contract?

More In This Category

View Transcript

Every client wants punitive damages they want
emotional damages they want as many
damages as humanly possible but you know
in a financial case you haven’t lost a
leg or a loved one and the damages are
are more difficult uh when it comes to
punitive damages there are punitive
damages cases when vulnerable people are
taken advantage of oftentimes you will
see punitive damages in cases like that
when trust was really abused you will
see it in in those cases many times
contracts specify that you cannot get
punitive damages so you know it really
is very fact and Circumstance uh related
most lawyers including myself often
request punitive damages when we think
the fact warranted but it’s more of a
rare damage to receive
thank you

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.

More Videos From This Lawyer