Massachusetts Punitive Damages After A Wrongful Death Claim⚖️⚰️👥 Punitive damages are different. They’re not meant to compensate you for anything; instead, they exist to punish the defendant for conduct so egregious that the law wants to make an example of them. Massachusetts allows punitive damages in wrongful death cases, but only under specific circumstances. Under Massachusetts General Laws, malicious, willful, wanton or reckless conduct or gross negligence must have caused the death. That’s a high bar. A driver who runs a red light because they weren’t paying attention is negligent. A driver who kills someone while racing through residential streets at twice the speed limit, or while drunk, is reckless, and that’s when punitive damages become available. If you have lost a family member and believe their death was caused by gross negligence or a willful act, contact our office for a consultation.
Practice context
Wrongful Death
Wrongful death statutes allow surviving spouses, children, and, in some states, parents and siblings to recover economic and non-economic damages when negligence or an intentional act causes a fatal injury. Separately, a survival claim prosecuted on behalf of the estate may recover conscious pain and suffering experienced before death. Deadlines and eligible claimants vary significantly by state.
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Both cases were settled quickly and with great customer service.
