Does My Personal Injury Case Qualify for Punitive Damages? | IL

 Posted on September 23,2024 in Personal Injury

You probably know you might qualify for a settlement by filing a personal injury claim if you are injured in an accident caused by another party’s negligence. However, many people are unsure about what that settlement might include. Most provide compensatory damages, but only a small percentage of victims receive punitive damages.

How do you know if punitive damages apply to your case? What are damages, anyway? Understanding damages and what you may be eligible to receive is integral to personal injury cases. An experienced attorney from Winters Salzetta O'Brien & Richardson, LLC can help you get all the damages you are entitled to.

What Are Damages in Personal Injury Cases?

The term "damages" is used in different ways in personal injury claims. It can refer to specific categories of losses and the money you receive to compensate or reimburse you for those losses.

Compensatory Damages

Compensatory damages reflect the losses you experience resulting from your accident or incident. This category is divided further into economic and non-economic damages, which include:

• Economic damages: medical expenses, lost wages, property damage, ongoing care, and other specific accident-related monetary costs

• Non-economic damages: pain and suffering, disability, disfigurement, loss of consortium, depression, loss of society, and other intangible losses

Economic damages reimburse you for actual costs, so they are dollar for dollar. Non-economic damages are subjective. Liable insurers frequently balk at paying non-economic damages because you may find it difficult to prove that you are suffering from depression, for instance. Your Winters Salzetta O'Brien & Richardson, LLC legal team knows how to calculate your compensatory damages accurately and will work to see you get as much as you deserve.

Punitive Damages

Unlike compensatory damages that focus on you, the victim, punitive damages may be awarded to punish the defendant for their "evil motive or unreasonable risk of harm, with a conscious indifference to the rights and safety of others." These damages are also intended to deter the defendant and others from repeating these behaviors. Examples of these behaviors include:

• Drunk driving

• Intentionally causing harm, such as an assault

• Manufacturers who knowingly sell unsafe products

If awarded, the amount of punitive damages cannot be more than three times the victim’s economic damages.

Are All Personal Injury Cases Eligible for Punitive Damages?

Various accidents and incidents may qualify you to file a personal injury claim, such as:

• Motor vehicle accidents

• Medical malpractice

• Premises liability

• Defective products

• Assaults

• Nursing home abuse or neglect

• Wrongful death

Medical malpractice claims and those against a government agency are ineligible for punitive damages.

The best way to determine if you may be eligible for punitive damages is to contact Winters Salzetta O'Brien & Richardson, LLC for your free consultation. We will discuss and investigate your situation. If you qualify for punitive damages, we will do everything possible to see you receive them.

Contact Our Chicago, IL Personal Injury Lawyers Today

You are unlikely to receive as much compensation as you deserve unless you have an experienced attorney from Winters Salzetta O'Brien & Richardson, LLC advocating for your rights and best interests. Call us today at 312-236-6324 for your free consultation with our dedicated Chicago, IL car accident attorneys.