Can You Recover Punitive Damages In An Illinois Auto Accident Case?

Can You Recover Punitive Damages In An Illinois Auto Accident Case?

Punitive damages are unlike compensatory damages because they are not intended to compensate the victim for any kind of loss. Instead, punitive damages serve to punish the at-fault party for their egregious negligence and to make sure that the same actions will never happen again. However, while the general public may find punitive damages satisfying, in Illinois, the threshold to justify them is extremely high.

Legal Requirements In Illinois

The Illinois law allows the punitive awarding of damages only in cases when the defendant’s conduct could be considered with “reckless and outrageous indifference to the rights of others.” Specifically, Illinois courts require that one provide clear and convincing proof of actions willfully done or in reckless disregard for human safety. This is defined in the Illinois statute 735 ILCS 5/2-1115.05.

With respect to auto accidents, punitive damages are typically not granted in the event of ordinary negligence, such as pure failure to yield or distracted driving. On the contrary, certain actions by a driver may be considered so very reckless or even malicious that punitive damages can be granted. Examples include driving under the influence of alcohol or drugs, intentional harm, and extremely reckless behavior, such as street racing.

Proving The Case For Punitive Damages

Proving punitive damages requires more than proof that the accident was the other party’s fault. One must prove that the defendant acted with a deliberate intent to harm or with a conscious disregard for the safety of others. Many times, this requires extensive investigation, including collecting police reports, witness statements, and, in some cases, expert testimony as to the defendant’s state of mind.

Illinois Caps On Punitive Damages

It is also worth noting that there are limits in Illinois to the amount of punitive damages possible. In Illinois, punitive damages may only be pursued when actual damages have been awarded to the plaintiff, and they are limited to three timesthe amount of actual damages awarded to the plaintiff.

Punitive Damages Frequently Asked Questions (FAQs)

What Are Actual Damages, And How Are They Comparable To Punitive Damages?

Actual damages or compensatory damages aim to restore the victim to his or her losses such as medical expenses, lost wages, and pain and sufferings. Punitive damages can only be granted if actual damages are already granted.

What Steps Should I Take On If I Believe My Case Warrants Punitive Damages?

If you think your auto accident case has facts and circumstances where punitive damages may apply, it is highly advisable that you seek the advice of our experienced auto accident attorney who will consider the details of your case and recommend the best legal options.

What Are The Things I Should Do On The Scene Of An Auto Accident To Help My Case?

After being involved in a car accident, one has to call the police to report the incident. Sometimes one may not notice the injuries, but they are entitled to seek medical attention. One should photograph the scene of an accident if possible. Information from the witnesses at the scene should be recorded, and who is at fault at that scene should not be discussed.

What Evidence Is Usually Necessary To Substantiate A Claim For Punitive Damages?

Of course, to support the claim for punitive damages, evidence must be presented to prove more than negligence per se but intentional misconduct or a heedless indifference to another’s safety. This could be through the testimony of a witness, a video of the accident itself, a prior history of similar actions by the defendant, or other illegal activity, such as DUI, at the time of the accident.

What Are The Steps To Filing A Claim That Involves A Demand For Punitive Damages?

Filing a claim with punitive damages is more than just filing a typical personal injury claim; it also requires one to specifically plead for punitive damages and spell out a proper basis for them under Illinois law. This generally means that a complaint must be filed showing the outrageousness of the defendant’s actions and a reason for the amount of punitive damages that are sought.

How Long Does A Punitive Damages Case Usually Take To Go Through?

Cases involving punitive damages may therefore take longer to resolve than an average personal injury claim due to the complexity in proving intentional or reckless misconduct. The duration will, however, depend on the amount of evidence, legal arguments involved, and whether the case settles out of court or proceeds to trial.

Can Punitive Damages Be Awarded As Part Of A Settlement?

Yes, there is a settlement amount for punitive damages; however, it needs to be shown clearly through evidence the plaintiff’s claim of heinous acts by the defendant. Because punitive damages serve to punish the defendant, most times, they are pursued and awarded more at trial.

What Is The Role Of The Attorneys In Cases With Potential For Punitive Damages?

Attorneys are very important in cases that might involve punitive damages. They present evidence, use legal strategies to establish reckless or intentional misconduct on the part of the defendant, negotiate with attorneys for the defendant, and represent the plaintiff in and out of the courtroom. Our auto accident attorney will determine a case for punitive damages and present it in a manner that maximizes the compensation awarded to the client.

Call Our Antioch Auto Accident Attorneys For Your Free Consultation

If you have been in an automobile accident in Illinois and believe the other party’s actions have been egregious in nature due to reckless or intentional behavior, you should strongly consider all options you may have under the law. This may include punitive damages. Contact our Antioch auto accident attorney at the Law Offices of Robert T. Edens by calling 847-395-2200 to receive your free consultation. From Chicago to Waukegan and Libertyville, from Woodstock to Antioch, our experienced team proudly represents people like you with a personal interest in navigating auto accident claims. Let us help you understand your rights, fight for what is rightfully yours, and win your case with care and compassion.

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