Compensation for Fraternity Hazing 

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Any parent who has lost a child will tell you that such a loss will drag you through the lowest circles of Hell with grief. In the case of a death that is due to a fraternity hazing, knowing that their son’s death could have been prevented makes their grief all the more intense.

 

 

Damages that May be Awarded for Injuries Due to Fraternity Hazing

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Fraternity hazing injuries can range in severity from cuts and bruises to injuries that may require weeks of hospital care and rehabilitation to injuries resulting in the death of a young man who did nothing wrong other than to trust someone his own age with his life. With that being said, here are the damages that may be awarded following an injury that occurred as a consequence of a fraternity hazing that went wrong.

 

In general, the types of damages that a fraternity hazing lawyer will seek on behalf of his or her client are the same as those which would sought in any other personal injury lawsuit. In personal injury law, damages that are sought are broadly classified either compensatory damages or punitive damages.

 

The purpose of compensatory damages are to “compensate” or “repay” the injured party for their expenses or losses that are related to the accident. Compensatory damages are further classified as being either “special” or “general.”

 

Special compensatory damages are awarded to reimburse the accident victim for “out of pocket” expenses related to the accident, such as:

 

 

• medical bills and anticipated future medical expenses

• lost income due to an inability to work

• cost of living expenses

 

On the other hand, general compensatory damages are awarded for the non-monetary consequences of an injury such as pain and suffering or psychological stress.

 

Punitive damages have nothing to do with the injury itself or even with the extent of the injury. These damages are awarded to “punish” the responsible party for acting with a callous disregard for the safety of others or some other offense that is reprehensible to society. Naturally, punitive damages will not be awarded in every personal injury case and the amount of these damages will vary when they are awarded.

 

 

Wrongful Death and Fraternity Hazing

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A wrongful death is any death that is the result of a deliberate, unlawful act or a death that is caused by the carelessness or negligence of another. When a fraternity hazing results is a death, both these definitions come into play.

 

First of all, since hazing is a crime in 44 of 50 states it is likely that the death falls under the criminal code of the location where the death occurred and, secondly, the death was almost certainly the result of carelessness and/or negligence on the part of the fraternity members who participated in the hazing. It is also important to note that a successful prosecution for a violation of the anti-hazing laws does not prevent the victim’s survivors from pursuing a wrongful death lawsuit against the fraternity or any other parties whose actions, or lack of actions, contributed to the death of their family member.

 

In a fraternity hazing death, both compensatory and punitive will likely be awarded to the victim’s surviving family members. As might be expected, damages that may be awarded in the wrongful death of a young man during his first months of college will be much higher than they might have been had the victim only been injured.

 

There are also additional damages that may be awarded in wrongful death cases:

 

 

• funeral and burial expenses

• emotional or psychological distress

• loss of the victim’s probable support of family based on estimates of future income

• loss of the victim’s companionship

 

As mentioned above, juries tend to be very generous with their damage awards in fraternity hazing wrongful death cases. This particularly true when juries award punitive damages.

 

To summarize, there are several types of damages that may be awarded to the victims of fraternity hazing. Compensatory damages are usually awarded to compensate and reimburse victims and their families for expenses that are paid “out of pocket.” Punitive damages can be awarded to victims and surviving families to punish the responsible parties and to discourage similar negligent behavior on the part of others.