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Rhode Island Punitive Damages Lawyer - Punitive Awards in Providence | Exemplary Damages

When are punitive damages available in Rhode Island?

Rhode Island is among only a handful of states that allow punitive damages awards in successful wrongful death lawsuits.

Although the goal of the law is generally to compensate plaintiffs for their injuries, a plaintiff may be awarded punitive damages as a way of punishing the defendant and preventing similar conduct in the future.  In this regard, punitive damages are separate and distinct from compensatory damages, which compensate victims for financial losses suffered due to the defendant’s conduct.

However, punitive damages are not available in all Rhode Island wrongful death lawsuits. Punitive damages are only awarded when the defendant’s behavior was intentional or with reckless disregard for another 's life. Thus, the negligence must be gross in order for a victim to recover punitiive damages, specifically: 

A party seeking punitive damages “must produce ‘evidence of such willfulness, recklessness or wickedness, on the part of the party at fault, as amounts to criminality, which for the good of society and warning to the individual, ought to be punished.’” Morin v. Aetna Cas. and Surety Co., 478 A.2d 964, 967 (R.I. 1984) (quoting Sherman v. McDermott, 114 R.I. 107, 109, 329 A.2d 195, 196 (1974)).

Even in cases where these criteria are met, however, a court will not grant punitive damages as a matter of law. Instead, a jury may at its discretion decide on an award of punitive damages when they feel it is warranted by the egregiousness of the defendant's actions.

If you have lost a loved one in a wrongful death suit, contact a Providence wrongful death lawyer today. Punitive damages are allowed in any case where such damages would have been recoverable had the decedent survived. (10-7-7.1. Punitive damages).  Further information on wrongful death damages is available here.

Finally, punitive damages may be available in some maritime injury and offshore injury cases when seaman are involved in an on-the-job accident.  For example, under the Jones Act, an employer may automatically be held liable for punitive damages for arbitrarily and capriciously denying payment of maintenance and/or cure benefits.  For more information regarding maritime injuries and a list of qualified Providence maritime attorneys, click here.

 

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