Are punitive damages available in a wrongful death lawsuit?

In Virginia, punitive damages may be available in a wrongful death lawsuit. Punitive damages are designed to punish and deter. They are not intended to compensate someone for their loss, but to punish the wrongdoer and to discourage similar behavior in the future. Punitive damages can be awarded in a wrongful death case if the wrongdoer acted with malice, fraud, or gross negligence. Punitive damages are awarded on top of any compensatory damages, which are damages intended to make the plaintiff whole, such as lost wages, medical costs, and pain and suffering. In Virginia, if a jury finds that the wrongful death was caused by a defendant who acted with malice, fraud, or gross negligence, they may award punitive damages. However, the jury must be convinced that the defendant acted in such a manner and that punitive damages are warranted. Furthermore, the amount of punitive damages awarded cannot be more than $350,000 or three times the amount of compensatory damages, whichever is greater. While punitive damages can provide a sense of justice in wrongful death cases, they are not available in all cases. If you believe you have grounds for a wrongful death case in Virginia, it is best to contact an experienced attorney to discuss your specific case in order to understand what damages may be recoverable.

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Are punitive damages available in a wrongful death lawsuit?

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