CHICAGO, IL – In August 2023, Illinois made a change to the law that impacts wrongful death lawsuits. Previously, the law barred individuals from seeking punitive damages in wrongful death cases. Under the amended law, a plaintiff can now recover punitive damages in a wrongful death claim.
The new statute carved out exceptions so that punitive damages still are not available in medical or legal malpractice cases against state or local government entities and employees acting in their official capacities.
What are Punitive Damages?
Damages refer to the compensation a plaintiff receives when they win or settle a lawsuit. Compensatory damages are awarded to compensate the plaintiff for their injuries whereas punitive damages are designed to punish the defendant and prevent them from committing the same conduct again. Punitive damages are awarded in cases of gross negligence. For example, when a driver injures another driver while they are drunk. The plaintiff can sue for gross negligence, or negligence that goes beyond what would be considered ordinary negligence.
Gross Negligence vs. Ordinary Negligence
Ordinary negligence occurs when an individual fails to take precautions that another individual, in their place, would have taken. Examples of this include running a red light, tailgating or speeding.
Gross negligence goes above and beyond ordinary negligence. A plaintiff alleging gross negligence must establish that the defendant showed reckless disregard for the safety of others making a potential injury inevitable. You must establish gross negligence to win punitive damages. Examples of gross negligence include reckless driving or operating a vehicle while under the influence of drugs or alcohol.
How to Prove Gross Negligence
To prove negligence, you must establish the following occurred:
- Duty – the defendant owed the plaintiff a duty of care.
- Breach – the defendant failed to render an ordinary duty of care.
- Causation – the breach directly led to the plaintiff’s injuries.
- Injury – the plaintiff sustained injuries as a result of the breach.
Contact the Dinizulu Law Group in Chicago, Illinois
Proving gross negligence requires extensive experience as an attorney. If someone you loved has died due to the gross negligence of another individual, contact the lawyers at the Dinizulu Law Group to help you recover damages. Call our office located in Chicago to schedule a consultation to begin discussing your lawsuit immediately. Fill out this form or call us at (312) 384-1920 to get started today.
