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Are Punitive Damages Allowed in a Chicago Wrongful Death Claim?

 Posted on January 30, 2025 in Wrongful Death

IL injury lawyerThe death of a loved one as a result of another person’s negligence can be devastating for family members. A wrongful death lawsuit can be filed on behalf of family members by the personal representative of the decedent (which could be a surviving spouse or next of kin). Unfortunately, under the prior Illinois Wrongful Death Act, families of those who died as a result of negligence were not able to collect punitive damages.

Punitive damages were also not available under the Illinois Survival Act, barring specific statutory authority or strong equitable reasons. Punitive damages are paid in personal injury and wrongful death lawsuits when the defendant acted deliberately, willfully, or maliciously. In other words, punitive damages go a step further to punish a defendant who not only caused the death but willfully acted in a manner that caused the death.

Punitive damages, in addition to punishing a defendant, are also meant to deter others from acting similarly. Illinois recently amended the Wrongful Death Act, allowing those whose loved ones had died as a result of negligence to collect punitive damages. If your loved one died as the result of the negligence of another, speaking to a knowledgeable Chicago, IL wrongful death attorney can be beneficial.

House Bill 0219

House Bill 0219 was introduced during the 2023-24 Illinois legislative session and passed later in the session. The amended Wrongful Death Act states that punitive damages can now be recovered on behalf of heirs in certain types of wrongful death cases – with some exceptions.  These exceptions include when the punitive damages are for:

  • A wrongful death claim against the State or government
  • A wrongful death claim for legal malpractice
  • A wrongful death claim against a governmental employee acting in his or her official capacity.
  • A wrongful death claim for healing art malpractice

The supporters of this bill stressed how rarely punitive damages are awarded in personal injury lawsuits. It is estimated that less than 18 percent of all Illinois personal injury claims have awarded punitive damages. The decedent's heirs were only allowed to recover economic and non-economic damages.

What Are the Other Types of Damages in Wrongful Death Claims?

In personal injury claims, the plaintiff is entitled to economic damages like lost wages and medical expenses and non-economic damages like pain and suffering. Wrongful death claims allow recovery for losses like funeral and burial expenses as well as non-economic damages like loss of consortium, loss of love and guidance, and even loss of inheritance.

If the decedent was the primary wage earner in the family, then family members may be entitled to lost future wages. Lost future wages are based on the decedent’s age, education, work experience, and job at the time of the wrongful death. If the decedent lived for a time after the accident, a wrongful death claim may also include medical expenses and pain and suffering. All of these damages are known as compensatory damages, meaning they are meant to compensate the family members for the loss of their loved one, while punitive damages are a punishment and a future deterrent.  

Contact a Chicago, IL Wrongful Death Lawyer

After the death of a loved one, the last thing you may be thinking about is filing a wrongful death claim. While money will not bring your loved one back, it can make your life and the lives of other family members easier, especially when the decedent is the primary breadwinner in the family. It can be extremely helpful to speak to a Chicago, IL wrongful death attorney from Winters Salzetta O'Brien & Richardson, LLC. Call 312-236-6324 today for a free consultation.

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