Under the Wrongful Death Act, a plaintiff may assert a claim for punitive damages. Punitive damages are only awarded in a civil action where there is a reasonable showing of the evidence, which would provide a reasonable basis for recovery of such damages. In a wrongful death action punitive damages may be claimed, as long as the claimant has established one or more of the elements of compensatory damages recoverable under the Wrongful Death Act, but there can only be one recovery for each death. Additionally, once a defendant is held liable for punitive damages they cannot be held liable again for the same conduct. A plaintiff may only assert a claim for punitive damages if he or she obtains leave from the trial court to assert the claim. The plaintiff may obtain such leave by establishing a reasonable evidentiary basis to support a claim for punitive damages. However, if a wrongful death plaintiff does not obtain leave of court to assert a claim for the punitive damages, a defendant may move to dismiss or strike the claim.

In determining the amount of punitive damages to award, juries may consider the nature, extent, and enormity of the wrongful conduct, the circumstances surrounding death causing incident, any mitigating factors, and information regarding the defendant's financial net worth. To determine a defendant’s financial net worth and ability to compensate the plaintiff for punitive damages, the plaintiff may conduct discovery, but only if the plaintiff obtains leave of court to assert the claim for punitive damages. Additionally, plaintiff’s failure to assert the claim for punitive damages early enough may foreclose plaintiff’s discovery. A court will generally only set aside a verdict for punitive damges if the amount is so excessive or inadequate that the jury must have been influenced by passion, prejudice, gross mistake, or other improper factors.

Recovery of punitive damages against a defendant requires a qualified wrongful death attorney to establish the evidentiary basis for the damages. Therefore, you need the experienced attorneys of Sharmin & Sharmin P.A. call 1-800-74-TRIAL.