The original pleadings has recklessness. Can judge change his mind during the trial when the proof is offered?
Can recklessness still be addressed at trial and be asked for PD regardless of the order and give it for the jury to decide? No time to appeal. What can remedy it?
Dear New York Plaintiff:
Are you addressing the jury instructions? Did you submit a request to charge?
As a cause of action punitive damages does not stand alone as an independent cause of action.
The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.
If you did not allege punitive damages in your Complaint it is easy for a Judge to deny a motion to add a claim for it because the burden to establish punitive damages is so high. It is very fact specific.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 18 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
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