When you or a loved one has been injured or if a loved one has been killed in an accident caused by another, you are entitled to compensation for your losses. Ordinarily, a plaintiff in a personal injury or wrongful death action is entitled to compensatory damages, which are designed to compensate for actual losses suffered as a result of the injury. Compensatory damages may cover losses such as medical bills, lost income, emotional distress, loss of consortium, and pain and suffering.
Punitive damages, on the other hand, do not compensate the plaintiff for his or her losses. Instead, they are designed to punish the defendant for causing the plaintiff’s injuries and serve as a deterrent both to the defendant and others from engaging in such actions again. Recovering Punitive Damages In order to recover punitive damages in Illinois, the plaintiff must show that the injuries were caused by more than merely an accident. Punitive damages will only be awarded if the plaintiff can prove, by a preponderance of the evidence, that the defendant’s actions were the result of:
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