Some grieving families pursue wrongful death lawsuits to address their related financial hardships. The unexpected death of a loved one can create intense economic pressure on a household. Other families want closure and justice after negligent behavior or misconduct results in a loved one dying prematurely.
Regardless of the underlying motivation for a wrongful death lawsuit, plaintiffs often seek to maximize the damages that they request. Doing so limits their financial hardship and increases the consequences for the party at fault.
Can plaintiffs request punitive damages in addition to seeking compensation for their economic and non-economic losses?
Punitive damages require special circumstances
Punitive damages are different than other types of damages sought in a lawsuit. Economic damages represent verifiable financial expenses. Lost wages, funeral costs and medical expenses are economic damages. Plaintiffs can also request non-economic damages, including emotional distress and a loss of enjoyment of life.
Punitive damages do not connect to the plaintiff’s losses. Instead, they are a form of punishment for the defendant in the lawsuit. As such, the circumstances leading to the wrongful death lawsuit have to meet very clear criteria for punitive damages to be an option. Many times, situations that warrant a wrongful death lawsuit do not meet the higher standard required to seek punitive damages.
Generally speaking, plaintiffs need clear and convincing evidence that supports their claim for punitive damages. They need evidence showing that the defendant caused the tragedy through willful and wanton disregard for the safety of others or malice. While not every wrongful death lawsuit leads to punitive damages, punitive damages can be an option in special circumstances.
Reviewing a situation – with a skilled legal team – that led to a tragic loss can help grieving families determine what damages they can recover. Punitive damages can increase the overall value of wrongful death lawsuits in certain scenarios.