Are punitive damages available in a wrongful death lawsuit?

In California, punitive damages may be available in a wrongful death lawsuit depending upon the circumstances surrounding the death. Punitive damages are given to punish a wrongdoer, so they are only applicable when the plaintiff can prove that the death was caused by gross negligence, reckless conduct, or malicious intent. Since these types of damages are only awarded if the plaintiff can prove an egregious level of wrongdoing, they are not routinely awarded in all wrongful death cases. Punitive damages are usually only awarded when the court agrees that the wrongdoer’s actions were intentional and they deserve an extra penalty to deter future egregious behavior. The court will also take into consideration whether the defendant had a history of similar behavior and must also determine whether the amount of damages being sought is appropriate. In order to be awarded punitive damages, the plaintiff must prove by a “preponderance of the evidence” that the defendant was grossly negligent, reckless, or malicious. This is a difficult standard that the plaintiff must meet in order to be successful. Even if the plaintiff can prove these elements, the court may still deny the punitive damages if the amount being sought is excessive. Punitive damages are not a common practice for wrongful death cases, but if the plaintiff can show that their loved one’s death was caused by an egregious level of misconduct, punitive damages may be available for them to seek in California.

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