When are punitive damages available?
"Punitive damages are awarded not to compensate the plaintiff, but to punish the defendant. As a result, they cannot be recovered unless it is proved that the defendant's conduct which caused the victim's death was intentional, malicious, or egregious (or whatever terms are used in your jurisdiction to define exceptionally bad conduct).
It is commonly believed that punitive damages are awarded too frequently and that too much money is awarded to plaintiffs. Excessive awards and liability create problems for business operations in various states, causing a decline in commerce. This has led to a movement in many states to limit, restrict, or abolish punitive damages. Again, you should speak with a wrongful death lawyer if you will want to file this type of claim." |