Are punitive damages awarded in a wrongful death lawsuit?

In Virginia, punitive damages are not generally awarded in wrongful death cases. This is because wrongful death cases are designed to provide monetary compensation to the surviving family members resulting from a person’s death. Punitive damages are typically associated with cases involving intentional acts meant to hurt or harm someone else. In other words, punitive damages are designed to punish a person for their bad behavior, and not to compensate someone for a loss. In very rare cases, if the wrongful act that caused the death was considered particularly reprehensible or malicious, punitive damages may be awarded as part of a wrongful death case in Virginia. An example of this in Virginia occurred recently in which a judge awarded $2 million in punitive damages against the defendant who had caused the wrongful death. In this case, the judge found that the defendant’s negligence was so egregious that it warranted punitive damages. Overall, while punitive damages are not usually awarded in a wrongful death case in Virginia, it is possible in rare, unique circumstances. It is important to seek the advice of an experienced attorney who can help you determine whether punitive damages may be awarded in your particular case.

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