• Compensatory Damages
• Punitive Damages
• Limits on Damages

Punitive damages as the word sounds are damages that are mean to “punish” offending party or parties. When an individual or groups intentional, malicious, reckless or grossly negligent acts result in the death of another party, a jury or judge may impose punitive damages that are meant to punish the offending party and discourage similar acts in the future. Punitive damages are in addition to compensatory damages, which are intended to repay the victim’s family for medical bills, burial costs and other out-of-pocket expenses.

One of the most famous cases of wrongful death punitive damages was the O.J. Simpson civil case. The jury awarded relatively small compensatory damages, but awarded the Brown and Goldman families tens of millions of dollars in punitive damages against Simpson, because the jury found, in effect, that Simpson murdered Brown and Goldman.

Generally, judges and juries are free to impose whatever amount of punitive damages they feel are in-line for the offense and may base their decision on the offending party’s ability to pay, among other factors. High net worth individual are more likely to be penalized monetarily more than a low net worth individual. The judges do, however, have the power to review the jury award. They may find it excessive and end up reducing the amount of the award.

Punitive damages are often hard to recognize and quantify. Contact us toady to speak with an Melbourne wrongful death lawyer who can help determine the amount that your family can recover.