Wrongful death lawsuits can offer some justice after a tragedy. People who have lost loved ones can seek financial relief from those these hold responsible in civil court. A civil lawsuit can be filed even when an at-fault party is facing criminal charges.
Wrongful death lawsuits often focus primarily on the recovery of economic losses. The financial impact of losing a loved one is difficult to overstate. That being said, families may want to find ways to maximize the financial penalties imposed as a means of punishing the person or business who caused the death of their loved one. Do the courts award punitive damages in wrongful death lawsuits?
Punitive damages require special circumstances
Economic damages involve provable financial harm associated with an individual’s death. Lost wages, medical expenses and the economic value of lost household services can all contribute substantially to the overall value of a wrongful death lawsuit.
Punitive damages, on the other hand, serve as a punishment. As such, state law imposes a higher standard in cases where plaintiffs seek punitive damages.
The plaintiffs do not simply need to show that negligence or misconduct caused a tragedy. They have to show that the loss was the result of fraud, malice or oppression. Additionally, they need more than the preponderance of evidence supporting their claims. They need clear and convincing evidence that the situation was the result of malice, fraud or oppression.
Reviewing the circumstances surrounding a tragedy can help families evaluate their eligibility for punitive damages. Even without punitive damages, wrongful death lawsuits can still provide financial relief and closure to those grieving a preventable tragedy.