Can Families Collect Punitive Damages in Wrongful Death Cases?

 Posted on November 14, 2024 in Personal Injury

In personal injury cases, a person who suffered an injury because of someone else’s negligence may seek compensation for damages resulting from that injury. Usually, these damages are economic, such as lost wages from time off work, medical expenses, and more. Sometimes, the victim may be able to collect compensation for non-economic damages like emotional distress, pain and suffering, loss of enjoyment of life, and loss of intimacy. Occasionally, a plaintiff is awarded punitive damages.

Punitive damages are rare but are most common in wrongful death cases. Wrongful death is when a person dies because of someone else’s negligence or recklessness. The family of the victim may be able to sue the defendant — the person who allegedly caused the death — for damages. In some wrongful death cases, particularly those where the family is represented by an experienced Connecticut personal injury attorney, the jury may grant the family punitive damages.  

What Are Punitive Damages?

Unlike other damages, punitive damages are not intended to make up for a loss suffered by the plaintiff. Instead, they are meant purely to punish the defendant when his or her behavior is particularly shocking. Under Connecticut law, courts can award punitive damages when the defendant shows reckless disregard for the rights of others or intentionally violates them.

How Much Are Punitive Damages Worth?

In some states, punitive damages are capped at a certain amount. In Connecticut, they are by default limited to attorney fees and litigation costs. However, the law allows for more punitive damages for certain statutes. For example:

• A product manufacturer who caused injuries with a reckless disregard for consumers may be ordered to pay punitive damages that equal up to twice the amount of the other damages.

• A landlord who discriminated against someone when renting out a property can face punitive damages of up to $50,000.

• A creditor who discriminated against borrowers can face up to $1,000 in punitive damages.

If a family sues for wrongful death caused by a defective product and they can prove the manufacturer had an intentional disregard for the safety of consumers, they may be entitled to significant punitive damages.

How Can I Collect Punitive Damages?

Punitive damages are generally harder to collect than other damages. To be awarded punitive damages, you must provide the jury with a "preponderance of evidence" that the defendant displayed a conscious disregard or intentional violation of the victim’s rights. This legal standard means you must prove there is a likelihood of more than 50 percent that the defendant’s egregious conduct occurred.

Contact a Greenwich, CT Personal Injury Attorney

A wrongful death case can be a difficult and trying experience for the victim’s family. At Ivey, Barnum & O'Mara, LLC, our excellent and compassionate attorneys will do the legal heavy lifting and fight for the most compensation possible. Schedule a free consultation with a Metro New York Area wrongful death lawyer today by calling 203-661-6000 now.