What are punitive damages, and are they awarded in wrongful death cases?
Punitive damages are intended to punish the wrongdoer for his or her conduct (as opposed to compensating the injured person for his or her losses). In Vermont, punitive damages may be allowed in a wrongful death case if the court finds that the defendant’s wrongful act was intentional or showed a malicious and reckless disregard for the injured person’s life. In the past several years, the Vermont Supreme Court has issued a number of important rulings limiting the circumstances under which punitive damages may be recovered. It is important to consult with an experienced Vermont attorney who is up-to-date on these legal developments.
