Seeking Punitive Damages in Illinois Wrongful Death Suits

Plaintiffs can now seek punitive damages in a wrongful death suit following Illinois’ decision to amend its Wrongful Death Act in August 2023. This groundbreaking change in legislation has far-reaching implications for those seeking justice against egregious misconduct that led to loss of life. A dedicated wrongful death attorney could provide greater insight into the details of this law and how it applies to your case.

What Are Punitive Damages?

Punitive damages are unique compensation awarded to plaintiffs to punish a defendant for their wrongful actions and deter similar misconduct in the future.

These exemplary damages go beyond compensation for tangible losses like medical expenses and lost wages. Punitive awards are meant to send a clear message to wrongdoers and discourage them from engaging in reckless behavior.

The Shift in State Law

Before this amendment, Illinois did not permit seeking punitive damages in wrongful death claims. This meant that, regardless of the egregiousness of the defendant’s actions, you could only seek compensation for financial and psychological losses following a loved one’s passing.

The recent change in the Wrongful Death Act allows you to pursue exemplary awards when the defendant’s conduct is deemed wanton or willful. This refers to actions taken with a careless disregard for the safety of others, making it especially appalling and deserving of punishment.

The Process for Seeking Punitive Damages

To seek exemplary damages in an Illinois wrongful death case, you must follow a specific procedure. This begins with filing a motion with the court within 30 days after the close of discovery.

In this motion, your lawyer must demonstrate to the court that you have a “reasonable likelihood” of proving punitive damages at a trial. This process ensures that exemplary compensation is only awarded in cases where the defendant’s actions meet the high threshold of recklessness.

In Illinois wrongful death cases, there are no caps on damages. The amount awarded to you depends on various factors, including the deceased’s age and income, the financial impact on you and your family, and the case specifics.

In addition to punitive, damages recovered could be economic (medical expenses and lost wages) and non-economic (loss of companionship and pain and suffering).

The Illinois Wrongful Death Act amendment empowers you to hold wrongdoers accountable for their thoughtless and harmful actions. By doing so, it discourages future instances of similar behavior.

Call to Learn More About Seeking Punitive Damages in Wrongful Death Suits in Illinois

Contact our team if you have questions about seeking punitive damages in an Illinois wrongful death suit or are unsure about your legal rights in a case.

You do not have to navigate this complex legal landscape alone. Our experienced personal injury attorneys at the Law Offices of R.F. Wittmeyer, Ltd. could provide the guidance and support you need to pursue justice for your loved one.