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Page 4 of 10 |
When are punitive damages available ? |
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Punitive damages are awarded not to compensate the plaintiff, but to punish the defendant. As a result, punitive damages cannot be recovered unless it is proved that the defendant's conduct which caused the victim's death was intentional, malicious, or egregious (or whatever terms are used in your jurisdiction to define exceptionally bad conduct).
There is currently a movement in many states to limit, restrict, or abolish punitive damages. Again, you should speak with a personal injury lawyer at your earliest opportunity if you will want to file this type of claim. |
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