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:

The Fourth Amendment to the U.S. Constitution requires police officers to have probable cause before making a traffic stop. In other words, the police can only stop a driver if they have reasonable grounds for pressing charges. For example, if a driver runs a traffic light, drives faster than the posted speed limit or commits any traffic violation leading to an accident, then he can be pulled over by police.

So if the Constitution requires police to have probable cause before making a traffic stop, does that mean random sobriety checkpoints–where any driver can be stopped, whether or not probable cause exists–are unconstitutional? No. The U.S. Supreme Court has ruled that random checkpoints are an exception to the Fourth Amendment guarantee against unreasonable searches and seizures.

Constitutionality of Random Checkpoints

With winter in Illinois comes snow, many times in great amounts that accumulate on the roads, pavements, and pathways. Depending on the amount of snow, and the measures taken to remove it, the buildup of snow can cause various dangers to people walking on sidewalks. Slipping and falling on snow or ice can cause minor to serious injuries, and leave the injured person with medical or other personal bills that he or she may not be able to pay. In Illinois, holding a property owner responsible for injuries sustained in a fall due to snow on the property may be difficult, although not impossible.

Illinois property owners are generally not required to remove snow that naturally accumulates on their property. Therefore, property owners are not liable for injuries caused due to the natural accumulation of snow or ice on their property. However, a property owner can go on to create a situation whereby he or she is liable for the injuries. If a property owner hires someone who negligently removes snow or ice from his or her premises, and therefore creates unnatural accumulations of snow, the property owner becomes liable for injuries caused by this snow. This difference between natural accumulations and unnatural accumulations should encourage property owners to make sure they are careful in who they hire to remove the snow from their property.

There are other situations in which an injured person may otherwise recover from a property owner. In a situation where the walkway on the property is designed in a faulty way so as to cause snow and ice to collect in a dangerous way, a court can find that the design caused the snow or ice to collect in an unnatural condition.