Wrongful death lawsuits help people address the consequences of a tragedy. When a person dies prematurely due to the negligence or misconduct of another party, those left behind have the option of filing a lawsuit.
Typically, the focus during litigation is on the recovery of economic losses. Plaintiffs request compensation for lost future income, medical expenses and the practical impact of losing an individual’s household support. Some lawsuits involve claims for punitive damages. Punitive damages do not have an economic basis but instead serve as punishment for the party that caused the death.
Does New Mexico allow plaintiffs filing wrongful death lawsuits to request punitive damages?
Seeking punitive damages could be an option
Some states have statutes that prevent people from seeking punitive or exemplary damages in lawsuits. Other jurisdictions have very strict limitations on punitive damages. State statutes may cap punitive damages based on the economic damages awarded or may impose a flat limit.
New Mexico does not prohibit requests for punitive damages or limit the amount awarded in a wrongful death lawsuit. The main restriction on punitive damages is the higher standard of proof required.
The situation requires circumstances that go beyond baseline negligence or misconduct. There must be proof of more serious circumstances, such as actions involving malice or willful neglect, to convince the courts that punitive damages are necessary. Additionally, plaintiffs need clear and convincing proof, not just a preponderance of the evidence, when seeking punitive damages.
Reviewing the circumstances surrounding a recent loss with a skilled legal team can help families determine if they may be eligible for punitive damages during a wrongful death lawsuit. Financial penalties imposed on the party at fault can lead to a sense of vindication for survivors, and punitive damages are also a deterrent for others who might replicate the bad behavior that caused the tragedy at issue.