Are punitive damages awarded in a wrongful death lawsuit?

In Washington, punitive damages are not typically awarded in a wrongful death lawsuit. Punitive damages are monetary damages awarded to the plaintiff in a civil lawsuit in order to punish the defendant for particularly egregious behavior. Punitive damages can be much higher than compensatory damages, which are intended to compensate the affected individual for the losses they’ve suffered. In the context of wrongful death, punitive damages are typically not awarded because the focus of the case is to provide fair compensation to the surviving family members for the death of their loved one. This compensation is intended to cover emotional and financial losses, including pain and suffering, as well as lost wages and future earnings. In limited circumstances, a court may award punitive damages in a wrongful death case. For example, if the defendant acted with gross negligence, malice, or fraud, it is possible for the court to award punitive damages. However, this is often difficult to prove, and punitive damages are not awarded in most wrongful death cases.

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