If you’re ever injured due to someone else’s negligence, you may be entitled to more than just compensatory damages (money that covers unexpected expenses, such as medical bills), you may be able to collect punitive damages as well. In the State of Illinois, the law allows plaintiffs to recover these two types if the judge allows it.
Here, we’ll cover what compensatory and punitive damages are, as well as why these distinctions matter.
What Are Compensatory Damages?
All personal injury lawsuits seek compensatory damages, which are meant to cover any expenses that were incurred as a result of the incident. For example, if you were hit by a drunk driver, compensatory damages would cover medical bills, vehicle repairs, lost wages in the event you missed work, etc. The State of Illinois also allows you to recoup losses for pain and suffering — physical and/or emotional distress, which may require therapy or other treatment. Compensatory damages “compensate” you for what you have lost.
Here is an easy breakdown of the two types of compensatory damages:
- Economic damages: Medical bills, lost wages, property damage, rehab costs.
- Non-economic damages: Pain and suffering, disability, disfigurement, emotional distress, loss of normal life, loss of consortium.
What Are Punitive Damages?
You may have already surmised by the name alone that punitive damages are intended to punish the defendant. They are often sought in cases involving large organizations as a means to deter similar behavior and are reserved for more extreme scenarios, in which the defendant’s conduct is particularly egregious. More recently, Illinois has allowed punitive damages to be sought in wrongful death cases (not including medical malpractice), though pursuing them must first be approved by the Court. In fact, punitive damages are far rarer than you may think — only around 5% of verdicts include them.
As a real-world example, a recent client of mine was stopped at a red light when a drunk driver (three times over the legal limit) slammed into him, going more than 50mph. We managed to obtain a $750,000 settlement, which included $400,000 in punitive damages that the Court allowed us to recover due to the driver’s extreme, reckless behavior. Unfortunately for the drunk driver, his automobile insurance did not cover his punitive damages, and he had to pay that money out of his own pocket.
Key Differences Between Compensatory and Punitive Damages
There are four main categories where compensatory and punitive damages differ — their purpose, the monetary amount that is awarded, whether each is available in your case, and the burden of proof required.
| Compensatory | Punitive | |
| Purpose | To reimburse the plaintiff. To make them whole. | To punish the defendant for egregious behavior and to deter similar behavior from the wider community. |
| Amount Awarded | Tied to the actual economic and non-economic losses that the plaintiff experiences (medical bills, lost wages, pain and suffering, loss of normal life, disfigurement, etc.) | Differs case by case and is at the discretion of the court or jury. Usually, multiples of the compensatory damages. |
| Availability | In every single personal injury case. | When the defendant’s conduct is willful and wanton, or shows a conscious disregard for other peoples’ safety. Not available in medical malpractice cases. |
Brian Lewis Will Help You Seek Justice
Regardless of the damages you’re seeking, I can maximize your damages and get the full value of your case beyond just medical bills. Over my decades-long career, I’ve helped clients just like you recover millions of dollars in compensation that they deserved.
You’ve been through enough already. Let me take it from here.
