Are Punitive Damages Recoverable In Wrongful Death Actions?

In most legal claims involving injuries and fatalities, several types of damages are available:

  • Economic damages are meant to compensate the victim/survivor for their actual monetary losses caused by the injury. These damages include medical expenses, lost wages, lost earning capacity and others, as well as funeral expenses in wrongful death claims.
  • Non-economic damages may include compensation for pain, suffering and emotional distress. These damages are meant to compensate claimants for additional harm they have experienced that may not directly translate to financial losses.
  • Punitive damages also provide compensation to survivors, but that is not their primary purpose. Rather, these damages are meant to punish the negligent party and discourage similar behavior in the future. THese damages are generally only available when the defendant has shown particularly egregious negligence or misconduct.

Can Wrongful Death Claimants Pursue Punitive Damages

Yes, punitive damages can be recovered in certain cases, depending on the evidence. You need an experienced attorney on your side to gather the evidence necessary to make every claim available, including a claim for punitive damages. While punitive damages are not awarded in most cases, the attorneys at Farmer, Cline & Campbell, PLLC have presented numerous cases involving punitive damage claims and have obtained jury verdicts which include punitive damage awards.

Providing Compassionate Representation Since 1996

Our lawyers know what it takes to achieve a successful result in a wrongful death claim, and we will not be satisfied until your family receives a just outcome. If that means going to trial, we will be ready.

Punitive Damages Are Only One Piece Of The Puzzle

No amount of money can truly replace what you have lost, but it is important to recover as much as possible for damages such as pain and suffering, medical costs, funeral and burial expenses, future earnings, and loss of companionship. While punitive damages may be limited, we will make sure that we present the strongest case possible to recover the full scope of compensation that you are entitled to under the law.

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It Will Cost You Nothing To Learn How We Can Help You Recover

If you are ready to move forward after the loss of a loved one, we can handle all of your legal issues and insurance company interactions so you can focus on taking care of your loved ones. Contact us today at our Charleston, West Virginia, offices for a free case evaluation.