Personal Injury Law Blog

On August 11, 2023, Illinois Governor J.B. Pritzker signed into law HB 219, a bill that changed Illinois’ wrongful death laws. The changes allow plaintiffs to seek punitive damages in wrongful death and survival claims.

In a wrongful death claim, certain survivors can seek compensation if someone else’s negligence or other wrongful actions caused the death of their loved one. Compensation has always included items like compensation for expenses related to the death and for the emotional impact of the loss. Now, that compensation can include punitive damages as well.

What Are Punitive Damages?

Most damages in wrongful death cases aim to compensate survivors for losses they wouldn’t have if their loved one was still alive. These include financial losses like funeral expenses and intangible losses like the loss of their loved one’s care and companionship.

Punitive damages don’t try to compensate anyone for a loss. Instead, punitive damages appear in a wrongful death case when the behavior that caused the death is so outrageous that no civilized society should permit it. True to their name, punitive damages are used to punish the negligent party – to send a message to them and others that their behavior was unacceptable.

Punitive Damages in Wrongful Death Claims

The new law amends 740 ILCS 180/1 to state that in a wrongful death claim, plaintiffs may recover damages, “including punitive damages when applicable.”

When are punitive damages applicable? The Illinois Supreme Court answered this question in Loitz v. Remington Arms Co. In that case, decided in 1990, the court held that punitive damages may apply when:

• The actions that caused the death were carried out with actual malice, fraud, deliberate violence, or gross negligence, or
• The harm caused was willful, wanton, or outrageous.

This rule sets a higher standard for punitive damages than for other types of compensation. To recover other types of compensation in a wrongful death claim, the survivors need only demonstrate that a defendant’s negligence, or failure to use reasonable care, caused their loved one’s death. To recover punitive damages, the survivors must go further: They must show that the defendant acted with actual malice, deliberate violence, gross negligence, or committed fraud.

The new punitive damages rule does not apply to every type of wrongful death claim. For instance, survivors may not seek damages in a wrongful death claim based on:

• Medical malpractice,
• Legal malpractice, or
• Conduct by local or state government employees.

Wrongful death claims based on other events, like an auto accident, work injury, or a dangerously defective product, may qualify for punitive damages. To qualify, these claims must meet the conditions described above.

Illinois also has special rules governing how a party can ask the court for punitive damages. For all other types of compensation, the parties can ask the court for compensation in their original filing. For punitive damages, however, the parties must first show the court they have a “reasonable likelihood” of proving that punitive damages apply at trial. Only then can they amend their original filing to ask for punitive damages.

Navigating Illinois’ rules for recovering punitive damages can be tough. Having an experienced Chicago personal injury lawyer on your side is essential.

What to Do If a Loved One Lost Their Life to Another’s Negligence

If you’ve lost a loved one to the negligent, reckless, or intentional act of another, you may be reeling – emotionally, mentally, and even physically. Grief and sudden loss have profound effects on every part of human health. You’re already carrying an enormous burden – adding the work of navigating a wrongful death lawsuit on your own is more than you should be asked to carry.

You don’t have to deal with a wrongful death case alone. The experienced Illinois personal injury and wrongful death attorneys at Briskman, Briskman & Greenberg can help. We’re committed to:

• Answering your questions to the best of our ability,
• Respecting your needs, rights, and concerns throughout your case,
• Working with our clients to protect their rights and ensure their voices are heard, and
• Fighting for the compensation each of our clients deserves.

At Briskman, Briskman & Greenberg, we take your injury personally. We’re a family-owned, family-oriented law firm, which means our family is here for yours when you need it. The sudden loss of a loved one to someone else’s wrongful act is an enormous burden. We’re here to help you carry it.

To learn more, contact our office today at (877) 594-4878 to schedule a free, confidential consultation. We’ll ensure you speak to a lawyer as soon as possible.