Are punitive damages available for catastrophic injury claims?

In the attached video, attorney David Wolff of Kanner, Wolff, Nicastro & Hall breaks down an important question many catastrophic injury victims ask: Are punitive damages available—and if so, when?

The short answer? Yes, punitive damages can be sought in catastrophic injury claims—but it all comes down to how the injury occurred. Unlike standard compensatory damages, which cover medical bills, lost wages, and pain and suffering, punitive damages are designed to punish egregious behavior and deter future misconduct.

In the video, Wolff explains that the severity of the injury alone isn’t what opens the door to punitive damages—it’s the reckless or intentional conduct behind it. For example, if you were rear-ended by a semi-truck and the driver hadn’t slept for two days (a violation of trucking laws), or had been drinking, those facts could form the basis for a punitive damages claim. Similarly, in corporate negligence cases—like a company knowingly exposing the public to dangerous conditions—there may be a case for holding them financially accountable beyond basic compensation.

But here’s the catch: timing matters. These cases are extremely fact-specific, and the key evidence that supports a punitive claim can disappear quickly. That’s why it’s critical to get an experienced legal team involved immediately—before details get lost and opportunities to hold wrongdoers accountable slip away.

At Kanner, Wolff, Nicastro & Hall, we conduct fast, thorough investigations to determine whether your case qualifies for punitive damages—and we do it with zero upfront cost to you. Consultations are free, and we only get paid if we win.

Don’t wait. If you or a loved one has suffered a catastrophic injury, call us today at 716-848-8000 or visit BuffaloLaw.com to start your case. We win—it’s just that simple.