After an accident, you may be familiar with certain types of damages that are available. You likely know that you can recover compensation for your medical bills, lost wages, and pain and suffering. A special type of damages, known as punitive damages, may be available in some cases. Punitive damages are rare; keep reading below to learn more about what they are and how to get them.
The Basics of Damages
Damages are the remedy requested by the plaintiff, or the injured party, in a civil lawsuit to make the victim whole again. Typically, damages are in the form of monetary compensation paid to the plaintiff by the defendant. While money cannot undo the injury, the court system uses this method to compensate the victim for their losses.
Damages Available in Personal Injury Cases
Accident victims who bring a personal injury claim are generally entitled to recover a few different types of damages. The three types of damages that may be available in these cases are:
Economic Damages
Economic damages are used to compensate accident victims for the financial losses resulting from their injuries. These damages include things like:
- Current and future medical bills
- Lost wages
- Future lost earning capacity
- Property damage
- Out-of-pocket expenses
- Physical therapy
- Rehabilitation
Proving the value of the economic damages in a personal injury case is usually pretty straightforward. There may be bills, receipts, or other documentation that can be used to prove the value of these losses. The purpose of economic damages is to put the victim in the same financial position they would have been in were it not for the accident. In wrongful death claims, a victim’s family may also be entitled to recover funeral and burial expenses.
Non-Economic Damages
Non-economic damages are used to compensate victims for their intangible losses after an accident. These damages often have a higher value than the financial losses in the case. Some common examples of non-economic damages are:
- Pain and suffering
- Emotional distress
- Depression
- Anxiety
- PTSD
- Loss of companionship
- Loss of love and affection
- Diminished quality of life
Putting a dollar figure on these losses can be difficult because their value is so subjective. Victims often need to use expert testimony and other evidence to help prove the value of their non-economic damages.
Punitive Damages
Punitive damages are a special type of damages that are not available in most personal injury cases. These damages are only available in cases involving the most egregious and outrageous behavior. Punitive damages are intended to punish the defendant for their conduct and deter similar behavior in the future.
When Are Punitive Damages Available in Illinois?
To obtain an award for punitive damages in Illinois, a plaintiff must show by clear and convincing evidence that the defendant’s behavior was intentional, wanton, or malicious. These damages are not available in cases involving simple negligence. In other words, the defendant must have known that there was a high likelihood their conduct would result in an injury to someone else, yet they continued to act anyway.
When determining whether to award punitive damages, the judge or jury may consider many factors, including:
- The details of the defendant’s conduct, including the duration of the conduct
- The actual harm or damages suffered by the victim
- Whether the defendant tried to cover up their actions
- The plaintiff’s vulnerability
- Any other factors that may be relevant
Punitive damages are generally not included as part of a settlement agreement. In most situations, these damages are only available at trial. However, the threat of punitive damages at trial could cause a defendant to be more likely to make a higher settlement offer for your claim.
Punitive Damage Caps in Illinois
Generally, there are no specific limits on the amount of punitive damages that may be awarded in personal injury cases. However, punitive damages normally do not exceed three times the compensatory damages awarded in the case. Having an experienced personal injury lawyer on your side during this process can help you maximize your recovery.
What Evidence Is Required for Proving Punitive Damages?
The evidence used to prove punitive damages in a case may include many different things, such as:
- Witness testimony
- Expert testimony
- Financial statements
- Emails
- Text messages
- Phone call records
- Photos or video
Remember that the burden of proof required for the award of punitive damages is higher than the burden required to prove negligence. Meeting this higher burden will generally require you to have more evidence on your side.
Contact Kass & Moses Personal Injury Lawyers for a Free Consultation With a Northbrook Personal Injury Lawyer
If you suspect you may be entitled to punitive damages, you need to get help from an experienced personal injury lawyer. The team at Kass & Moses Personal Injury Lawyers can evaluate your situation and help fight for the damages to which you are entitled.
Give us a call today at (847) 513-9582 to schedule a free consultation with a Northbrook personal injury lawyer, and let us help you get justice.
