Illinois Now Allows Punitive Damages in Wrongful Death Cases

Illinois Wrongful Death Law and Punitive Damages

Illinois law now allows punitive damages to be awarded in certain wrongful death lawsuits. Before the law changed, punitive damages generally were not available under the Illinois Wrongful Death Act. Under the amended law, qualifying wrongful death actions filed on or after August 11, 2023, may include a claim for punitive damages when the underlying conduct meets the applicable legal requirements.

This change can affect the potential value of a wrongful death case because punitive damages are intended to punish particularly blameworthy conduct and deter similar conduct in the future. However, punitive damages are not automatically available simply because a wrongful death occurred. The facts must support the heightened standard required for punitive damages.

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What Are Punitive Damages in a Wrongful Death Case?

Damages in a personal injury or wrongful death lawsuit refer to monetary compensation awarded to a plaintiff or surviving beneficiaries when the applicable legal requirements are established. Compensatory damages are intended to compensate for legally recognized losses caused by the defendant’s conduct.

Punitive damages serve a different purpose. They are designed primarily to punish particularly serious misconduct and deter the defendant and others from engaging in similar conduct in the future. Illinois courts have explained that punitive damages may be appropriate when a defendant’s conduct demonstrates a high degree of moral culpability, including conduct involving fraud, actual malice, deliberate violence, oppression, or willful conduct accompanied by a wanton disregard for the rights of others. :contentReference[oaicite:1]{index=1}

Illinois’ current punitive-damages statute also requires clear and convincing evidence in covered negligence and bodily-injury cases that the defendant acted with an evil motive or with a reckless and outrageous indifference to a highly unreasonable risk of harm and a conscious indifference to the rights and safety of others. See 735 ILCS 5/2-1115.05. :contentReference[oaicite:2]{index=2}

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Ordinary Negligence Versus Willful and Wanton Conduct

Ordinary negligence generally occurs when a person fails to exercise the level of care that a reasonably careful person would have used under similar circumstances. Examples can include:

These actions may support an ordinary negligence claim when they cause an injury or death, but the existence of negligence alone does not establish entitlement to punitive damages.

Punitive damages generally require evidence of substantially more serious misconduct. Illinois courts have distinguished ordinary negligence from willful and wanton conduct, which involves a conscious disregard or indifference to the consequences when the safety of others is involved. :contentReference[oaicite:3]{index=3}

Depending on the facts, examples that may potentially support a punitive damages claim include:

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How to Establish a Basis for Punitive Damages

A wrongful death case generally requires evidence connecting the defendant’s conduct to the death and establishing the damages recoverable under the Illinois Wrongful Death Act. A separate punitive damages claim requires evidence supporting the heightened level of misconduct required by Illinois law.

Depending on the circumstances, evidence may include police reports, witness testimony, photographs, surveillance footage, vehicle data, medical records, toxicology results, employment or safety records, prior warnings, and other evidence concerning what the defendant knew or did before the fatal event.

Are Punitive Damages Available in Every Illinois Wrongful Death Case?

No. The amendment to the Wrongful Death Act does not create an automatic right to punitive damages in every wrongful death lawsuit. The statute provides that punitive damages are available only when applicable, and it specifically excludes certain claims.

Under 740 ILCS 180/1 and 740 ILCS 180/2, punitive damages are not available in wrongful death actions involving:

The amended provisions apply to wrongful death actions filed on or after August 11, 2023. :contentReference[oaicite:4]{index=4}

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Can Punitive Damages Increase a Wrongful Death Verdict?

Potentially. Punitive damages are separate from compensatory damages and can increase the total amount awarded when a jury finds that the legal requirements for punitive damages have been satisfied.

Illinois law places limitations on punitive damages in certain civil cases. Under 735 ILCS 5/2-1115.05, punitive damages in covered bodily injury and negligence cases generally may be awarded only when actual damages are awarded and are subject to statutory limitations. The statute also contains an exception to those limitations for certain cases involving an individual charged with and convicted of a qualifying criminal act. :contentReference[oaicite:5]{index=5}

Because the availability and amount of punitive damages depend on the facts, the claims involved, and the applicable statutory provisions, the potential value of a wrongful death lawsuit cannot be determined simply by adding a fixed punitive damages amount to compensatory damages.

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Speak With an Illinois Personal Injury Attorney

Losing a loved one because of another party’s conduct can create significant financial and emotional consequences for surviving family members. When the facts support a wrongful death claim, it is important to investigate the circumstances surrounding the death and determine which damages may be available under Illinois law, including whether the evidence supports a claim for punitive damages.

The attorneys at Patel Law, PC can help evaluate the circumstances of a wrongful death case, investigate available evidence, and determine what claims and damages may apply. Call our Champaign personal injury lawyers today to schedule a free consultation.