A Punitive Element may be Included After All in a Settlement or in a Verdict

I recently received an e-mail on “jury tips” in personal injury cases. In it the lawyer spoke of the punitive element of some jury decisions. Well, we do not have punitive damages in Massachusetts. (The one exception is under the Wrongful Death statute.) But just because we do not have it, does not mean that the conduct on the part of the plaintiff, the person suing, or the defendant, the person being sued, does not come into play.