What Are Punitive Damages in Illinois Personal Injury?
A successful personal injury case typically results in the award of compensatory damages—money that compensates the victim for specific harms they’ve suffered, such as medical bills, property damage, and pain and suffering. In certain cases, though, a victim may also be entitled to punitive damages, which penalize people or institutions for instances of extreme reckless or intentional harm. While punitive damages are only available in specific circumstances, they can significantly increase the size of an award while also deterring the defendant and others from engaging in similarly dangerous behavior.
Types of Damages in Illinois Personal Injury Cases
Most of the money awarded in an Illinois personal injury case is what lawyers call “compensatory damages.” As the name suggests, these damages compensate an injured party for the specific harms they’ve suffered, with the intent of making the injured party whole again. Compensatory damages can include money for:
- Current medical expenses
- Future medical needs
- Lost income
- Reduced future earning potential
- Pain and suffering
- Diminished quality of life
- Emotional distress
- Damaged personal property
Punitive damages work differently because they aren’t tied to anything specific that the injured party lost as a result of their injuries. Instead, an injured party may recover punitive damages in order to punish a defendant for particularly egregious harm resulting from severe reckless or intentional wrongdoing. They must meet specific legal requirements to obtain punitive damages.
Requirements for Punitive Damages in Illinois
To qualify for punitive damages in Illinois, an injured party must first take their case to trial and prove the defendant is liable for their injuries—punitive damages aren’t available in insurance settlements. Next, they must prove the defendant acted with intentional misconduct, fraud, or gross negligence that showed a total disregard for the safety or rights of others. The burden of proof is higher for punitive damages, as the injured party must provide clear and convincing evidence of the defendant’s reckless or malicious actions. Judges and juries may also consider the defendant’s financial situation when determining the amount of punitive damages.
Are There Caps on Punitive Damages in Illinois?
There are no official limits on punitive damages in Illinois, though judges may reduce a punitive damages award they deem excessive. Illinois law used to ban punitive damages in wrongful death cases, but Gov. J.B. Pritzker signed a law overturning that rule in August 2023.
How Our Illinois Personal Injury Attorneys Can Help You Recover Punitive Damages
With over 30 years of experience handling Illinois personal injury claims, Johnston Law Offices knows what it takes to win tough cases and secure the maximum amount for our clients—including punitive damages whenever possible. We can prepare your case for trial, show how the party who caused your injuries acted recklessly or intentionally, and make a persuasive argument to the judge or jury. We’ll handle all the legal work so you can focus on healing, and you won’t owe us any attorney fees unless we win your case. Call Johnston Law Offices today or reach out online for a free consultation.