Can heirs recover punitive damages against a driver who causes death?
It depends. Almost all insurance policies exclude liability for punitive damages so the auto insurer will not pay them. The driver himself, however, might have to pay such damages out of pocket if a case is filed against him and won. That presumes that the driver has enough assets to pay a judgment. We discuss this with our clients in every punitive damages case.
If you have experienced a wrongful death you may want to visit our Wrongful Death Page.