Recovering Punitive Damages In A Wrongful Death Claim
Punitive damages (also called “exemplary damages”) were created to punish the defendant for intentional or reckless conduct that causes the death of another innocent person. Also, because punitive damages add uncertainty to the damages, the defendant cannot make an economic decision to choose not to make a product safe and, instead, pay the “cheaper” cost of litigation.
Notwithstanding the public policy principles underlying punitive damages, states are moving to limit them more and more, even in the context of a wrongful death claim. Some of this shift in philosophy is politically motivated while the rest is, at least in part, due to some excessive awards issued by juries over the last ten years.
Legislatures have determined that encouraging excessive and expensive litigation can cause businesses to leave the state, thereby creating a substantial decrease in tax and other state revenue.
Where family members have lost loved ones as a result of the reckless, or even intentional act, of another, it is important to speak to a competent personal injury attorney or wrongful death attorney to evaluate the types of damages, including punitive damages, that are available to compensate the survivors for their loss.
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