Massachusetts Personal Injury Library
Seeking Compensatory vs. Punitive Damages in Massachusetts (Part A)
If your loved one was killed as the result of someone else’s negligence, then you may be entitled to seek wrongful death compensation to help ease the financial strain left by their untimely passing. There are two different categories of damages which juries may award in wrongful death lawsuits; compensatory damages and punitive damages.
Seeking Compensatory Damages in Massachusetts
The most common type of award in a Massachusetts wrongful death lawsuit is known as compensatory damages. These damages are designed to cover costs associated with the death of an individual.
Common compensatory damages include:
- medical costs
- funeral and burial expenses
- lost future wages and benefits
- pain and suffering
- mental anguish
- loss of consortium
Many kinds of compensatory damages can be computed with the help of medical bills, funeral invoices, and other receipts. Non-economic factors, like mental anguish and loss of consortium, are more subjective and can fluctuate depending on a variety of factors specific to the victim’s life and how they died.
Seeking Punitive Damages in Massachusetts
The other type of monetary award associated with wrongful death lawsuits is called punitive damages. Juries can hand out punitive damages in a wrongful death case if they feel that the party which caused the death was reckless, intentional, or grossly negligent in its actions. The purpose of punitive damages is to provide a strong incentive for a person or company to take steps to ensure that a similar incident never occurs again.
When awarding wrongful death compensation, it is not uncommon for juries to issue punitive damage amounts in the millions or even 10s of millions of dollars. However, the judge presiding over the Massachusetts wrongful death case has the power to reduce the punitive damage component of the judgment if they see fit.
Punitive damages are often awarded in wrongful death cases involving:
- repeat drunk driving offenders
- hospitals and other health care facilities that are guilty of gross medical malpractice
- manufacturing plants that pollute the air and water around their facilities
- pharmaceutical companies whose medications were rushed into the marketplace before proper tests were conducted on their side effects.
Continue to Seeking Compensatory vs. Punitive Damages in Massachusetts (Part B) >>
