Yes, punitive damages can be awarded in Illinois courts, but only in limited situations. Unlike compensatory damages, which are meant to reimburse you for your losses, punitive damages are designed to punish egregious behavior and discourage others from acting in the same way. They are not available in every personal injury case, and the plaintiff (injured victim) must meet a higher legal standard to recover them. Make sure to speak with an experienced personal injury lawyer in Chicago if you are seeking legal guidance.
In most situations, you’ll need to show that the at-fault party acted with willful and wanton misconduct. This means demonstrating that their actions showed a conscious disregard or complete indifference for your safety. Ordinary negligence, such as distracted driving, usually isn’t enough to justify punitive damages under Illinois law.
When Are Punitive Damages Allowed?
Illinois law only permits punitive damages when the defendant’s conduct goes far beyond carelessness. These awards are most often seen in cases involving:
- Drunk driving that leads to serious injuries and wrongful death
- Intentional acts of violence, such as assaults
- Product liability cases where a manufacturer knowingly sells a defective product, like a dangerous drug
- Nursing home abuse showing deliberate indifference to a resident’s well-being
The standard of proof to recover these damages is “clear and convincing evidence,” which is a higher threshold than for economic and non-economic damages. Note that your case must typically go all the way to trial in order for punitive damages to be on the table.
How Are Punitive Damages Calculated in Illinois?
There is no fixed formula for determining the amount of punitive damages. Instead, judges and juries weigh factors such as:
- The degree of the defendant’s misconduct
- How long the behavior continued
- The harm caused and/or the potential harm that could have occurred
- The defendant’s financial circumstances
The U.S. Supreme Court has suggested that punitive damages should typically not exceed nine times the amount of compensatory damages, though each case is evaluated individually.
Exceptions and Limitations
Punitive damages are not available in every type of case. For example, Illinois law prohibits punitive damages in medical malpractice lawsuits, regardless of how negligent a healthcare provider may have been. Similarly, punitive damages generally cannot be recovered in a tort claim against a government entity.
In addition, punitive damages must be explicitly mentioned when filing a lawsuit. Failing to do so could prevent the court from even considering them later on.
Contact an Illinois Personal Injury Lawyer for Help Seeking Punitive Damages
Having an experienced Illinois personal injury lawyer on your side is a practical necessity if you wish to recover punitive damages. As mentioned, these damages have relatively strict legal requirements and also usually entail that your case goes all the way to the trial stage.
Contact Meyers & Flowers today for a free consultation at (630) 232-6333 or reach out online to learn more about your legal options and whether recovering punitive damages is possible in your case.