Are punitive damages awarded in a wrongful death lawsuit?

In Pennsylvania, punitive damages may be awarded in a wrongful death lawsuit if the court finds that the defendant acted with malice, wantonness, or an intentional disregard for the safety of the victim. Punitive damages are meant to punish the wrongdoer and deter them from engaging in similar conduct in the future. Punitive damages are awarded in addition to compensatory damages, which are meant to compensate the family of the deceased for losses such as medical expenses and lost wages. Punitive damages can be awarded in a wrongful death case if the court finds that the defendant’s actions were egregious and exhibited a conscious disregard for the safety of the victim. For example, if a driver was intoxicated and drove recklessly, causing a fatal crash, the court may find that the driver acted with wantonness and disregard for the safety of the victim and award punitive damages. However, these kinds of punitive damages are only awarded in extreme cases and must be proven by a preponderance of the evidence. It is important to note that punitive damages are not available in all wrongful death cases. The family of the deceased must be able to demonstrate the defendant’s extreme violation of the law or recklessness in order to receive punitive damages.

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