Are punitive damages available to the family of the deceased in a wrongful death lawsuit?

In California, punitive damages may be available to the family of the deceased in a wrongful death lawsuit. Punitive damages are monetary awards meant to punish the wrongdoer for egregious behavior and deter similar conduct in the future. In order to recover punitive damages, the family must prove the defendant acted with malice, fraud, or oppression. The malicious or grossly negligent behavior must be extreme and conduct that no reasonable person would condone. If proven, the defendant may be held liable for punitive damages in addition to compensatory damages. Compensatory damages are meant to compensate the family for their loss. These damages may include funeral and burial expenses, lost income, mental anguish, and loss of support. Punitive damages, on the other hand, are meant to deter the defendant and others from engaging in similar conduct by imposing a harsh penalty. In wrongful death lawsuits, for punitive damages to be awarded, the family must prove their case meets the high standard set by the law. It is important to consider seeking a qualified attorney to help prove the defendant’s malicious behavior and fight for the most possible restitution.

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Are punitive damages available to the family of the deceased in a wrongful death lawsuit?

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