No one wants to file a wrongful death lawsuit. Wrongful death litigation is the result of losing a loved one. Survivors worried about their finances can seek to hold individuals or businesses accountable for causing a preventable death.
Frequently, grieving families focus on economic losses while preparing for wrongful death litigation. They may be eligible to request compensation for certain non-economic losses as well. Those preparing to file a lawsuit might also want to consider whether their situation warrants a request for punitive damages.
What are punitive damages?
Economic damages are losses that relate to direct financial expenses. Lost wages and hospital bills are both economic losses. Non-economic losses represent consequences that may not have a set value but negatively affect the lives of survivors, such as loss of consortium.
Punitive damages are different. They are a punishment for wrongdoing. The civil courts may allow wrongful death plaintiffs to request punitive damages in qualifying circumstances.
How do punitive damages help?
Plaintiffs must generally show that the circumstances meet a higher standard when requesting punitive damages. They must show that the defendant demonstrated a deliberate disregard for the safety of others. However, if they can meet that standard of evidence, they can request appropriate punitive damages based on how egregious the conduct of the defendant was.
Unlike many jurisdictions, Minnesota does not impose a financial limit on punitive damages in wrongful death lawsuits. An award of punitive damages can therefore significantly increase the consequences for the party at fault for the tragedy. The extra compensation awarded could also help reduce the economic impact of the loss on survivors.
Reviewing one’s circumstances at length with a skilled legal team can help families determine whether they have grounds to seek punitive damages. Those pursuing wrongful death lawsuits often need support to manage the process effectively, and that’s okay.