In Illinois, personal injury claims are often focused on obtaining compensatory damages. These damages cover losses like medical expenses, lost wages, and pain and suffering. However, in some rare cases, a plaintiff may be eligible for punitive damages.
Punitive damages are a type of legal remedy designed to compensate the victim and punish the wrongdoer. They are inflicted for particularly egregious conduct and act as a deterrent for others who might engage in similar behavior.
When Are Punitive Damages Available in Illinois?
In Illinois, punitive damages are not automatically awarded in every case. They are typically only available in cases where the defendant’s conduct was particularly egregious or willfully malicious.
The primary criteria for punitive damages in Illinois include:
- Willful and Wanton Conduct. The defendant’s actions must be willful and wanton. This means they were made with a deliberate disregard for the safety and well-being of others.
- Gross Negligence. In some cases, the court may award punitive damages if the defendant’s actions went beyond ordinary negligence. In this case, they would be considered grossly negligent (i.e., a severe departure from the standard of care expected).
- Intentional Harm. If the defendant intentionally caused harm to the plaintiff, such as in cases of assault or battery, punitive damages may be awarded.
While punitive damages are available under Illinois law, they are typically only awarded in cases where the defendant’s actions are especially reprehensible. It is critical to have experienced legal counsel to evaluate your case and determine whether you are eligible to pursue punitive damages.
How Are Punitive Damages Different From Compensatory Damages?
Compensatory damages are designed to reimburse the victim for actual losses. These actual losses include things like medical bills, lost wages, and emotional distress. Punitive damages, on the other hand, are meant to serve as punishment for the defendant.
In personal injury claims, compensatory damages are often awarded to help the victim recover financially and physically. Punitive damages go beyond compensation and are meant to signal societal disapproval of the defendant’s conduct.
For example, if you were injured in a car accident caused by a drunk driver, compensatory damages would cover your medical bills and lost wages. Punitive damages would be awarded to punish the defendant’s reckless behavior and send a warning to other drivers that drunk driving is not tolerated.
How Does the Court Determine Punitive Damages?
In Illinois, the court considers several factors when deciding whether to award punitive damages and how much to award.
These factors include:
- The defendant’s state of mind: Was the defendant’s conduct intentional, reckless, or malicious?
- The severity of the injury: How serious were the victim’s injuries, and what impact did the defendant’s conduct have on the victim’s life?
- The defendant’s financial status: How much money does the defendant have? The court may award higher punitive damages if the defendant has the financial means to pay.
- Deterrent effect: The purpose of punitive damages is to deter future misconduct. The court will consider whether the award will have a meaningful deterrent effect on others.
- The defendant’s prior behavior: If the defendant has a history of similar conduct, this may be a factor in determining whether punitive damages are appropriate.
Ultimately, the court aims to ensure that punitive damages serve both as punishment and as a warning to prevent similar conduct in the future.
Why Are Punitive Damages Important?
Punitive damages are important because they provide an additional remedy for victims of egregious conduct. They also deter other bad actors from engaging in similar bad behavior. For example, if a company engages in grossly negligent conduct that results in widespread harm, the court may award punitive damages to send a message that such behavior is unacceptable.
Punitive damages also serve as a form of justice when the at-fault party’s actions were malicious. Compensatory damages only provide financial relief to the victim. Punitive damages emphasize society’s disapproval of the defendant’s actions. This helps to hold bad actors accountable for misconduct.
Contact a Chicago Personal Injury Lawyer for a Free Consultation
If you have been harmed by someone’s egregious or malicious actions, you may be entitled to punitive damages. At Powell and Pisman Injury Lawyers, we have a proven track record of handling cases involving punitive damages. Our team will work tirelessly to ensure that your rights are protected.
Contact us today for a free consultation at (312) 635-5400 to discuss your options. Let us help you navigate the legal challenges of a personal injury case and fight for all the damages you deserve.