Wrongful death lawsuits in Arizona are an important opportunity for many families to pursue justice. They allow families to seek closure in scenarios where one party’s bad behavior or negligence forever changes the household. When someone dies a tragic, preventable death, litigation can provide closure.
Wrongful death lawsuits can also provide financial compensation for the numerous economic losses caused by someone’s premature passing. Typically, wrongful death lawsuits primarily focus on securing compensation for verifiable economic losses including lost wages and medical expenses incurred by the deceased individual. Occasionally, in particularly egregious scenarios, families may have grounds to request punitive or exemplary damages as part of a wrongful death lawsuit.
What are punitive or exemplary damages?
When plaintiffs seek punitive damages, they essentially ask the courts to punish the person who caused their loss. Punitive damages are a form of penalty that increases the financial impact the lawsuit has on the defendant. They do not necessarily relate to the verifiable losses the survivors incurred but instead serve as a punishment. The courts consider factors including the duration of misconduct or negligence and how egregious the behavior of the individual or business at fault for the situation actually was.
Punitive damages require special circumstances
Basic wrongful death lawsuits only require proof of negligence or misconduct causing someone’s death. The necessary standard plaintiffs must meet when requesting punitive damages is substantially higher. In cases involving intentional misconduct, plaintiffs need to prove the defendant acted with malice, fraud or an intent to engage in oppression. In scenarios involving negligence, plaintiffs must establish reckless indifference to the lives of others, outrageous behavior or an evil mind on the part of the defendant.
The punitive damages combined with the economic damages awarded in the lawsuit can help diminish the financial impact of the tragedy and can be a punishment for the individual or business at fault for the decedent’s passing. Not all wrongful death lawsuits lead to awards of punitive damages, and plaintiffs have to specifically request them.
Reviewing the situation that led to a wrongful death with a skilled legal team could help people evaluate whether punitive damages might be an option. Punitive or exemplary damages can be an important component of a successful wrongful death lawsuit.
