Are punitive damages available in a wrongful death lawsuit?

In Pennsylvania, punitive damages may be available in wrongful death lawsuits. Punitive damages are awarded on top of compensatory damages, which are intended to replace the financial loss suffered by the deceased’s family due to their death. Punitive damages are often awarded to punish the defendant for their negligence and act as a deterrent to others from doing similar acts. Punitive damages are only available under certain circumstances, and each case is different. Generally, the court considers the severity of the defendant’s conduct and if they acted with malice or recklessness. For example, if a death occurred as the result of an intentionally dangerous act, the court may be more likely to award punitive damages. In other cases, if the defendant’s negligence was particularly egregious, a court may also award punitive damages. In Pennsylvania, unlike some other states, the family of the deceased can file a wrongful death claim and pursue punitive damages. Furthermore, punitive damages could be awarded even if the death was unintentional. While punitive damages are not always available in wrongful death cases, they can be awarded in certain cases. So, if a wrongful death occurred due to malicious or reckless conduct, the family may be entitled to punitive damages.

Related FAQs

Are there any special grounds for filing a wrongful death lawsuit?
Can a wrong result be overturned after a wrongful death case is settled?
Does the family of the deceased have a right to sue for loss of companionship in a wrongful death case?
What is wrongful death law?
Can a wrongful death claim be filed against an insurance company?
What constitutes wrongful death?
Do I need a lawyer for a wrongful death case?
Are wrongful death damages taxable?
What are the economic damages that can be claimed in a wrongful death case?
What is a wrongful death statute of limitations?

Are punitive damages available in a wrongful death lawsuit?

Related FAQs

Related Blog Posts