There are typically two types of categories of damages in a wrongful death lawsuit: financial damages and non-financial damages. Financial damages relate to the out-of-pocket losses related to the death of a family member. For example, the funeral expenses, medical expenses, and loss of financial support may be included in this category. Non-financial losses relate to the loss of companionship, love, support, guidance, and counsel that would have been provided to a person during the lifetime of the deceased.
Punitive damages, a special type of non-financial damage, may be awarded in certain cases in which the defendant’s actions were grossly negligent or willful and wanton. An award of punitive damages is intended to punish a defendant for grossly negligent conduct, such as drunk driving. Punitive damages are not a typical award of damages in most Utah personal injury cases. The requirements for awarding punitive damages vary by state.