Punitive damages in wrongful death cases
Punitive damages are sometimes also referred to as exemplary damages. This is because punitive damages can serve as a way to warn others against engaging in reckless acts.
Factors that go into determining how much the plaintiff will receive in punitive damages include the defendant’s personal wealth, the nature of the defendant’s conduct and any statutory limits that have been placed on the amount of punitive damages that can be awarded. Punitive damages are awarded at the discretion of the jury.
Punitive damages are different from compensatory damages. Compensatory damages compensate the victim’s family for the specific losses they have suffered due to the victim’s death. These can include loss of companionship and loss of income.
· The defendant undertook actions which involved an extreme degree of risk in terms of the likelihood and extent of a serious injury that could be inflicted on another person.
· The defendant must have had an actual, subjective awareness of the risk involved with their actions but knowingly proceeded with the actions anyway.
Fears | Nachawati represents individuals in bringing wrongful death lawsuits in
