Massachusetts Personal Injury Library
Seeking Compensatory vs. Punitive Damages in Massachusetts (Part B)
Example of Damage Awards in Massachusetts
To give you an example of how the court awards Massachusetts wrongful death claim amounts, let’s pretend that a working mother of 3 is killed in a highway accident involving an 18-wheeler truck. The results of a subsequent investigation conclude that a failure of the truck’s brakes caused the fatal accident.
- Scenario A: The truck driver was an independent contractor who owned his own rig. One week after the accident occurred, the man was scheduled to have his truck’s brakes checked at a service facility.
- Scenario B: The truck belonged to a large shipping company with its own maintenance facilities. In an effort to cut costs, the company had been routinely postponing or canceling regular brake maintenance for several years before the accident occurred.
In both scenarios, the victim’s family would very likely be awarded compensatory damages. These might include the costs needed to bury the victim, the wages she would have earned at her job throughout the span of her life, and damages to address the mental anguish of her surviving family members.
In Scenario A, it is probable that no punitive damages would be awarded to the family. A jury might find that the independent truck driver had intended to service his brakes; and while the accident was tragic, the case did not warrant any award that would further “punish” the defendant beyond the compensatory damages.
But in Scenario B, a jury could likely award punitive damages to the woman’s family in addition to the compensatory damages. If it were demonstrated that the trucking company chose to put lives at risk in order to reduce maintenance costs, a jury might impose a large judgment in an effort to punish the trucking company for its recklessness and to ensure that its dangerous maintenance practices are eliminated. According to Massachusetts law, the punitive damage amount would be at least $5,000.
Contacting a Boston Wrongful Death Attorney
Because every case is different, you should always speak to a knowledgeable Boston wrongful death lawyer before filing a lawsuit.
The Kiley Law Group has more than 30 years of experience representing victims and their families in personal injury and wrongful death lawsuits. Contact us today to speak with an attorney about your wrongful death claim.
Call now to schedule a FREE evaluation of your case.
