Plaintiffs in a wrongful death action may have the option of choosing among states in which to file suit. This choice can hinge on the nature of the damages a state allows.

Compensatory damages are the most common damages awarded in a wrongful death case. These are meant to provide restitution for specific losses the plaintiff has suffered from a loved one’s wrongful death. Most states allow the deceased’s family members to recover such damages for loss of income, services, care, protection, society, companionship, assistance, comfort, guidance, counsel and advice.

Only about half of states allow punitive damages as a means of punishing the defendant through economic penalties. These also serve to warn others -- from individuals to corporations -- not to commit heinous or reckless acts. Such damages must be based on reckless, malicious, intentional or heinous conduct by the defendant.

Texas allows punitive damages for wrongful death

Punitive damages are legally allowed in Texas, provided the wrongdoer’s conduct is proven to have been a result of “gross negligence” or “malice.” The jury then can punish the defendant economically via punitive damages, also known as exemplary damages, which are distributed among survivors based on statutes.

An experienced wrongful death lawyer can help you determine if punitive damages are permissible in your case, given the laws of states where it can be tried, and whether seeking such damages is good strategy given the facts of your case.

Punitive damages can be potent

When punitive damages are allowed, they provide the plaintiff’s attorney with a powerful element in waging a case, provided appropriate evidence is available.

The amount of damages awarded is based on a variety of factors, including the wealth of the defendant, the reprehensibility of the defendant’s conduct and statutory limits on how much punitive damages can be assessed. As part of tort reforms, some states have placed limits or “caps” on how much punitive damages a jury can award.

Wealthy defendants pay more punitive damages

The defendant’s wealth often is an element in determining punitive damages. Since punitive damages are meant to punish, more damages must be awarded when the defendant is wealthy, in order to punish properly. The more wealth owned by the defendant, the more damages must be assessed to be punitive.

The extent of someone’s wealth can be hidden, so a wrongful death attorney must be skilled in determining how much wealth a defendant has, or the fair market value of the defendant’s assets.

When a corporation is a defendant, a parent company which could help pay a judgment may become a factor. Also pertinent are a defendant’s ability to generate future income, the defendant’s liquid assets and how much the defendant reasonably could borrow.

O.J. Simpson was a high-profile punitive damages case

One of the most high-profile cases involving punitive damages was the 1997 wrongful death action against former football star O.J. Simpson. Though he was acquitted in criminal court of murdering his ex-wife and a friend, Simpson was found liable for their deaths by a Superior Court jury, which awarded $33.5 million in punitive and compensatory damages.

Jim S. Adler & Associates can help you to recover punitive damages in a wrongful death case. The law firm offers a free case review.

Additionally, Jim S. Adler & Associates has offices located at City Place Building, 2711 North Haskell Ave., Suite 2100 LB40, Dallas, Texas 75204-2887; San Pedro Plaza, 7330 San Pedro Ave., Suite 700, San Antonio, Texas 78216-6237; and Bank of America, 12605 East Freeway, Suite 400, Houston, Texas 77015-5619 (serving Channelview, Texas).