Wrongful death lawsuits serve as a way for those harmed by the actions of others to hold the party responsible accountable. Grieving families can file wrongful death lawsuits against individuals or businesses if they cause a tragedy through default, neglect or wrongful acts.
Frequently, wrongful death lawsuits focus on economic and non-economic damages. Families can request compensation for losses including the future earnings of the deceased party, the value of their household labor and even their funeral costs.
Punitive damages are also sometimes an option when filing a wrongful death lawsuit. Punitive damages can increase the amount of compensation awarded in a wrongful death lawsuit.
What are punitive damages?
Punitive damages do not connect to the tragedy directly like economic and non-economic losses. Instead, they are a form of punishment. The goal is to amplify the consequences for causing harm to others. The North Carolina civil courts only award punitive damages in relatively specific scenarios.
When are punitive damages an option?
Plaintiffs need clear evidence of qualifying circumstances to ask for punitive damages in a lawsuit. Generally, they need proof that the defendant caused the death through malice or willful and wanton conduct.
Essentially, the defendant must have engaged in actions intended to harm others or so obviously reckless that most people could not ignore the risk. There are limits to the amount of punitive damages awarded.
Those trying to maximize their recovery in a wrongful death lawsuit may need help determining if punitive damages are possible. Holding the defendant accountable for the tragedy may include asking the courts to punish them in addition to seeking compensatory damages.
