Losing a loved one can change people’s lives. Their relationships, finances and family dynamics all undergo a sudden shift. Their grief can impact their job performance and overall satisfaction with life. They may never fully heal from the loss of an immediate family member.
Wrongful death lawsuits provide an opportunity for closure. Hearing the courts affirm that one party caused the death of an individual can provide those grieving the tragedy with a sense of justice. They can also seek financial compensation for the practical consequences of losing a loved one.
Families have the right to request economic and non-economic damages in a wrongful death lawsuit. Is it possible to also request exemplary or punitive damages?
The standard for exemplary damages is higher
In a wrongful death lawsuit, plaintiffs must show that a preponderance of the evidence supports their claims. They must show that the other party caused the tragedy due to negligence or misconduct. They generally also need to prevent documentation related to their financial losses.
Exemplary or punitive damages are an option in special circumstances. Plaintiffs can ask the courts to impose a financial penalty on the defendant for the impact of their actions (or inaction). However, they must have clear and convincing evidence that the situation warrants an award of exemplary damages. Typically, they must have proof showing that fraud, malice or gross negligence caused the tragic situation.
Those hoping to maximize their financial recovery and the consequences for the party at fault for their loss may need help developing a wrongful death lawsuit. Seeking punitive or exemplary damages is possible if survivors have the right support and evidence.