Lawsuits are sometimes the only means of seeking justice after suffering harm caused by another person or a business. For example, when families lose loved ones unexpectedly, state statutes allow for wrongful death litigation.
A lawsuit brought against a person or business for causing a death through either negligence or misconduct can serve as a penalty for the party at fault. A successful lawsuit can help address the losses sustained by the survivors in the family.
Plaintiffs in wrongful death cases can request both economic and non-economic damages. Do they also have the option of requesting punitive damages?
Punitive damages are meant to penalize
Punitive damages, also referred to as exemplary damages in some jurisdictions, are sometimes granted in certain lawsuits. They do not have a basis in actual losses but instead serve as a form of punishment for egregious wrongdoing or negligence.
Some states allow grieving families to request punitive damages in specific circumstances, such as when a habitual drunk driver causes a deadly crash. Statutes in Indiana do not allow for punitive damages in wrongful death lawsuits.
Therefore, it is often of the utmost importance that plaintiffs review the situation carefully so that they can maximize the economic and non-economic damages sought in the lawsuit. Those hoping to take legal action must estimate the practical and personal impact of the tragedy to request an appropriate amount of compensation from the party at fault.
Reviewing a recent tragedy with a personal injury attorney can help family members understand their rights. A wrongful death lawsuit in Indiana may not result in punitive damages, but eligible families can still potentially recover the vast majority of their economic losses.
