Are punitive damages awarded in a wrongful death lawsuit?

In North Carolina, punitive damages are not awarded in a wrongful death lawsuit. Punitive damages are intended to punish and deter the defendant from acting in a certain way in the future. Wrongful death lawsuits, however, are meant to compensate the surviving family for their loss, not to punish the defendant. In North Carolina, the surviving family is awarded damages for their economic losses, such as medical expenses and lost wages from the deceased, as well as damages for emotional distress from the loss of a loved one. The court considers factors like the age and relationship of the decedent, and the level of financial support provided by the decedent. The court also considers any mental anguish or suffering experienced by the surviving family, as well as the amount of money that would have been available to the family had the death not occurred. Although punitive damages are not awarded in North Carolina wrongful death lawsuits, negligent or intentional conduct that led to the wrongful death may be addressed through criminal proceedings. If the defendant is found guilty, they may be sentenced with punitive damages. Overall, punitive damages are not awarded in a wrongful death lawsuit in North Carolina, however, criminal proceedings may result in punitive damages for the crime committed.

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