Punitive damages are intended to punish a wrongdoer. Under the law, “where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice,” the injured party may seek punitive damages. Therefore, if your loved one’s death was the result of “oppression, fraud or malice,” you could be entitled to punitive damages. Often, we work with prosecution because when the wrong is inexcusable, there are likely to be criminal charges. For example, if your loved one died because a driver was severely intoxicated, our Los Angeles wrongful death lawyers will likely include a punitive damage claim with the wrongful death and survival claims. We will work with the prosecution who will likely file a driving under the influence criminal charge.