Punitive and Compensatory Damages in a Wrongful Death Lawsuit
If you have been the victim of personal injury or a victim of a dangerous drug or medical device, then you may be entitled to damages. Awarded in civil actions, personal injury damages are monies allotted to those who have been wrongfully injured by someone else. Damages are intended to help restore the victim physically, emotionally, mentally, and financially. The two main types of personal injury damages are compensatory damages and in limited circumstances, exemplary or punitive damages.
Actual or Compensatory in a Wrongful Death Lawsuit
Compensatory damages, which are sometimes referred to as actual damages, cover all financial expenses and injuries and losses associated with personal injury and/or a wrongful death:
· Physical pain suffered by the deceased prior to death
· Mental Anguish (Emotional distress)
· Pain and suffering suffered by deceased prior to death
· Pain and suffering & Mental Anguish suffering by surviving family members
· Disfigurement to Deceased prior to death
· Medical bills incurred by the deceased estate prior to his or her death
· Loss of Earnings (Loss Wages in Past & Future)
· Punitive Damages
Punitive or Exemplary Damages in a Wrongful Death Lawsuit
Often called exemplary damages, punitive damages are typically awarded to the plaintiff in addition to compensatory damages when the defendant's conduct has been especially malicious or oppressive. Punitive damages are awarded to punish the offender and to deter others from engaging in similar actions. Punitive damages or exemplary damages are often awarded in cases where the defendant's action amount to gross negligence in those cases where the defendant acted with conscious indifference to the rights and safety of others or the actions were the result of the defendant's wanton, willful disregard as to the safety of others and for intentional behavior.
How much can you Receive in Wrongful Death Lawsuit?
Wronful Death damages are determined on an individual, case-by-case basis. The amount is decided by the jury but can be reviewed by the court. If a judge feels that the amount of damages is excessive, he or she can order remittitur, a process in which the punitive damages are reduced without a new trial or appeal. If a judge feels that the amount of damages is inadequate, he or she can order additur, whereby punitive damages are increased without a new trial or appeal.
Wrongful Death Damages Explained
A "wrongful death" occurs when a person is killed due to the negligence or misconduct of another person(s), 3rd party, employer, another company or entity. A wrongful death lawsuit or cause of action is a remedy under law that belongs to the decedent's immediate family members, including surviving spouses and children, and in some cases the decedent's parents and even the siblings( brothers & sisters). In many states, a lawsuit for wrongful death may only be brought by the personal representative of the decedent's estate. Every state has a civil "wrongful death statute," or set of statutes, which establish the procedures for bringing wrongful death actions.
Decendent's Survival Action
Another cause of action that may be available is called a "survival action" which is for the decendents own personal injury, conscious pain and suffering, or expenses incurred prior to the decedent's death. Such survival actions or lawsuits are usually only brought by the personal representative of the estate. The monetary damage awards from these survival actions belong to the estate and may pass to different parties as directed by the decedent's will, if any.
Elements of a Wrongful Death Lawsuit
In order to bring a successful wrongful death cause of action, the following elements must be present:
· The death of a human being;
· Caused by another's negligence, or with intent to cause harm;
· The survival of family members who are suffering monetary injury
· The appointment of a personal representative for the decedent's estate
