Wrongful Death Claims And Punitive Damages
Punitive damages are damages designed to punish a wrongdoer who acted with
malice in causing an injury to another. Malice can be inferred if a person
or business entity acted in a manner that demonstrated a willful and reckless
disregard for the safety of others. If a manufacturer keeps making and
selling a defective product that has a history of causing injury when
used in the manner it was designed to be used, the manufacturer arguably
has engaged in a conscious disregard of the probability that their product
will cause injury or even death. California law says that such conduct
supports a finding of malice necessary for the awarding of punitive damages
against the manufacturer in a defective products lawsuit. If the Products
Liability accident victim is injured, he or she can sue for all their
damages including pain and suffering, lost income, and expended medical
bills, past, present, and future. The victim can also sue for punitive
damages. If the accident victim dies, the heirs can sue for wrongful death
damages; but cannot sue for punitive damages. California law is in the
minority of the United States jurisdictions permitting recovery only for
the decedent's pre-death pecuniary losses; but excluding recovery
for the pain, suffering and the disfigurement of the accident victim who
died. The law is unjust in this regard because the manufacturer of dangerous
products gets a pass from paying punitive damages if their dangerous product
kills instead of just causing a personal injury. Consult Attorney Barry
Regar the Coachella Valley wrongful death lawyer for any legal assistance
or questions regarding defective products or wrongful death claims.
Posted By
Barry Regar APLC
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