Are punitive damages available in a wrongful death lawsuit?

Yes, punitive damages may be available in a wrongful death lawsuit in New York. Punitive damages are damages awarded to punish a wrongdoer for their actions that resulted in the death of an individual and to discourage similar harmful conduct in the future. The New York wrongful death statute allows for punitive damages. The law requires claimants to show that the death resulted from a defendant’s “fraud, malice or other willful acts.” The claimant must prove that the wrongdoer had a “conscious and deliberate disregard of the rights and safety of others.” Damages are set by the court and can be substantial. In New York, punitive damages are not capped. This means that a court can award punitive damages based on the evidence presented at the trial. Generally, an award of punitive damages is made in addition to compensatory damages, which are intended to make up for the loss caused by the wrongful death. Due to the circumstances required to award punitive damages, it can be challenging to prove the case in court and obtain this form of compensation. It is important to consult with a knowledgeable personal injury lawyer who understands wrongful death laws in New York and can provide legal advice and assistance throughout the process.

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Are punitive damages available in a wrongful death lawsuit?

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