Are punitive damages awarded in a wrongful death lawsuit?

Yes, punitive damages may be awarded in a wrongful death lawsuit in New York. Punitive damages are not awarded to compensate the deceased party for damages sustained. Instead, they are intended to punish the wrongdoer and to deter similar behavior in the future. When a court is deciding whether to award punitive damages, it must consider three factors. First, the court must determine if the defendant (the wrongdoer) acted intentionally or recklessly, meaning they acted with knowledge that their conduct was a breach of duty to the deceased. Second, the court must consider the defendant’s financial resources to determine if they are able to pay a punitive damages award. Third, the court must determine if the punitive damages award should be greater than the actual damages sustained by the deceased. The purpose of punitive damages is to go beyond compensating the deceased and to serve as an additional deterrent. In New York, punitive damages are allowed when a death is caused by the malicious or reckless actions of the wrongdoer. Punitive damages must be reasonable and must not exceed an amount of money that is necessary to discourage similar conduct by the same or other persons.

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Are punitive damages awarded in a wrongful death lawsuit?

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