Most people are aware damages can be obtained following legal wrongdoing. However, the average person is unaware of what, exactly, punitive damages are. Punitive damages can stem from car accidents in Illinois as well as other events involving deception, fraud, and other unsavory behavior. If another person or institution wrongs you in any way, our attorneys will fiercely advocate for justice in the form of financial compensation and beyond. Here is a closer look at punitive damages to help you understand what you are eligible for and the manner in which the law serves justice.
What Are Punitive Damages?
Some may have heard of punitive damages in passing. Usually when listening to someone speak about a highly publicized verdict against a wealthy defendant. This form of damages is under heavy debate as the purpose of civil litigation is to compensate the party that has allegedly been wronged rather than punish the party in the wrong. The punishment of someone for an alleged wrong typically occurs in criminal court. However, punitive damages exist to punish the party in the wrong of a personal injury case by forcing payment to the plaintiff. These awards can be in excess of the money strictly necessary for compensation.
The Difference Between Punitive Damages and Compensatory Damages
Some people confuse punitive damages with compensatory damages when in reality, they are quite different. The compensatory variety intends to compensate the party bringing the legal action for the harm he or she allegedly endured during the event(s) in question. Special compensatory damages are those meant to compensate someone for monetary costs tied to the alleged injury. General compensatory charges are those meant to compensate someone for non-monetary harm. While compensatory damages aim to make the plaintiff whole once again, the punitive variety strictly intends to punish the offending party.
Instances in Which Punitive Damages Are a Result
Cases in which the offending party’s actions were malicious can spur punitive damages. An example is corporate fraud that deceives customers. Consider an automaker that intentionally deceives the buying public by allowing the sale of a defective model across the world that subsequently injures owners. A judge can find this business guilty on a number of charges. Punitive damages are likely to be part of such a case as a form of punishment for the defendant’s malicious actions.
The majority of punitive damages are a result of civil tort cases. Personal injury cases specifically can sometimes result in punitive damages. In Illinois personal injury cases, to recover punitive damages, “a plaintiff must show by clear and convincing evidence that the defendant’s conduct was with evil motive or with a reckless and outrageous indifference to a highly unreasonable risk of harm and with a conscious indifference to the rights and safety of others.
“Clear and convincing evidence” means, according to Illinois state statutes, “that measure or degree of proof that will produce in the mind of the trier of fact a high degree of certainty as to the truth of the allegations sought to be established. This evidence requires a greater degree of persuasion than is necessary to meet the preponderance of the evidence standard.” (735 ILCS 5/2-1115.05(b)).
Courts have been hesitant to award such damages in contracts cases. However, if a plaintiff can prove the defendant breached a contract and requirement of good faith, punitive damages may apply. For the most part, this variety of damages is only for personal injury cases such as products and premises liability.
The Purpose of Punitive Damages Beyond Punishment
Aside from punishing the party in the wrong, punitive damages also serve another important purpose. This form of punishment steers people away from immoral activities. The same is usually quite true for corporations and other organizations. If an individual or the head of a corporation sees punitive damages handed down for peers’ wrongdoings, they are that much less likely to intentionally deceive the buying public or others.
Punitive Damages Amounts
Several states have attempted to cap punitive damages. They have passed laws with rules for determining such damages or put strict limits on the damages. Illinois limits punitive damages (in most cases) to three times the amount awarded for economic damages for underlying claim. Broadly speaking, the United States Supreme Court maintains punitive damages must be “reasonable.” However, the facts of each individual case and other factors determine whether a punitive damages reward qualifies as reasonable. Few punitive damages reach the million dollar level or above. Those that do are typically in the news headlines. They make waves throughout the respective industries as well as the legal industry.
Our Legal Team is Here to Help With Car Accidents in Illinois
Has another person or institution’s lack of due care reduced your quality of life? If you suspect another’s negligence is responsible for your car accident or other injury, reach out to us right away. We provide legal assistance to those involved in all sorts of car accidents in Illinois.
Give Lerner and Rowe Injury Attorneys a call at 708-222-2222 to learn more about how we can help. Our hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. Yet we will take your call 24 hours a day, 7 days a week. If you would like to contact us online, use our LiveChat feature. Your consultation will be completely free as there is no fee unless we win your case.