If someone close to you dies because of another person’s misconduct, you may be able to seek compensation. Along with financial losses, you might wonder if punitive damages can be part of your wrongful death claim.
What are punitive damages?
Punitive damages serve a different purpose than compensatory damages. While compensatory damages repay losses like medical bills or lost income, punitive damages are meant to punish the wrongdoer. These damages also act as a warning to discourage others from engaging in the same behavior. Courts typically only award them when the responsible party’s actions were especially harmful.
When are they allowed in wrongful death cases?
In North Dakota, punitive damages may be available in a wrongful death case, but only under specific circumstances. It’s not enough to show ordinary negligence. You need to prove that the person or entity acted with oppression, fraud, or actual malice. This includes intentional wrongdoing or extreme indifference to the safety of others. For example, a fatal car crash caused by someone who knowingly drove drunk might qualify.
What does the court evaluate?
Courts don’t award punitive damages lightly. They consider the severity of the misconduct, whether similar actions happened before, and the financial situation of the person at fault. The goal is to impose a punishment that matches the wrongdoing and discourages future misconduct.
Punitive damages can significantly raise the value of your wrongful death claim, but they also come with a higher burden of proof. You must show that the behavior involved more than carelessness. Understanding whether punitive damages apply can help you see the full scope of possible compensation.