Are punitive damages awarded in wrongful death cases?

In California, punitive damages may be awarded in wrongful death cases. Punitive damages are awarded as a type of punishment or deterrence when a defendant has intentionally or recklessly caused harm to the victim. Punitive damages are intended to punish a defendant for their wrongful actions and make an example of them to dissuade future similar behavior. Punitive damages are not available for all wrongful death cases. Generally, punitive damages are only available in cases involving extreme misconduct such as gross negligence or intentional tort. Under California law, wrongful death cases involving intentional torts like assault, battery, or fraud may be eligible for punitive damages. In addition, punitive damages may be available for wrongful death cases involving gross negligence, meaning that the defendant acted in a manner that was so reckless that it demonstrated a conscious disregard of the victim’s safety. In California, the amount of punitive damages that can be awarded is generally limited by statute to twice the amount of compensatory damages or $250,000, whichever is greater. Punitive damages can be substantial and should only be pursued when there is sufficient evidence to prove that the defendant acted wrongfully or recklessly. Punitive damages must be requested in the complaint and can be a complex matter. It is best to consult with an experienced attorney to determine whether punitive damages may be sought in your case.

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Are punitive damages awarded in wrongful death cases?

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