Understanding Punitive Damages in Wrongful Death Cases: When Are They Awarded?
Sept. 2, 2025
Wrongful death lawsuits can bring some measure of relief to families facing the emotional and financial aftermath of losing a loved one. These claims typically aim to recover compensation for losses such as medical expenses, funeral costs, and lost income. But in some instances, courts may also award punitive damages.
Punitive damages are different from compensatory damages. Instead of making up for a loss, their purpose is to punish the wrongdoer and deter similar behavior in the future. These damages aren’t awarded in every case and are typically reserved for actions considered particularly reckless or harmful.
In Illinois, the rules around punitive damages in wrongful death claims are specific. It’s helpful to understand how these awards work, when they may apply, and why courts choose to grant them in only limited situations. If you need help from a wrongful death attorney in Chicago, Illinois, our attorneys at Larson Law Group LLC are here to help.
What Makes Punitive Damages Different
Punitive damages go beyond compensation. They serve as a penalty for conduct that shows a high degree of blame or disregard for safety. Unlike regular damages, which cover the actual losses a family suffers, punitive damages focus on the wrongdoer's actions.
To justify a punitive award, the conduct must be more than careless. It usually involves recklessness, gross negligence, or intentional harm. This distinction means that punitive damages aren’t available in most standard negligence cases. Instead, the court must see clear proof that the defendant's behavior went far beyond ordinary negligence. A wrongful death attorney can help with understanding this distinction.
Illinois Law on Wrongful Death and Punitive Damages
Illinois allows families to file a wrongful death lawsuit under the Illinois Wrongful Death Act. This law lets survivors seek compensation when a person’s death is caused by someone else's wrongful act or neglect.
However, when it comes to punitive damages, Illinois law is more restrictive. Generally, punitive damages aren’t allowed under the Wrongful Death Act itself. That means even if the defendant’s behavior was extreme, the survivors can’t ask for punitive damages in a wrongful death claim alone.
There are exceptions, though. In some cases, families may bring related claims alongside a wrongful death lawsuit that do allow for punitive damages. For example, a survival action, which is different from a wrongful death claim, may be possible if the person lived for a time before passing away. This type of claim can sometimes support a request for punitive damages, depending on the facts.
When Courts Consider Punitive Damages
Punitive damages may be awarded in some instances where the behavior involved demonstrates a pattern of extreme carelessness or willful disregard for others. These types of actions go beyond a simple mistake or lapse in judgment. Some examples include:
Drunk or impaired driving: If a driver knowingly operated a vehicle under the influence and caused a fatal crash, the court may view this as reckless enough to consider punitive damages in a survival action.
Medical malpractice involving gross negligence: Most malpractice cases involve human error, which may not rise to the level needed for punitive damages. However, if a doctor deliberately ignored clear risks or falsified records, the situation might meet the threshold.
Product liability with known defects: If a company was aware of a dangerous defect in a product but failed to correct it or warn consumers, and that product caused someone's death, punitive damages may be awarded as part of a broader legal claim.
Intentional violence or misconduct: In situations where a person’s actions were deliberate, such as assault or abuse that led to death, punitive damages might be available under separate claims from the wrongful death lawsuit.
These are just a few examples, and whether punitive damages are awarded will depend on the specifics of the case. Therefore, it’s always best to contact a wrongful death attorney for experienced guidance and advice.
Factors Courts Use to Decide on Punitive Awards
When considering punitive damages, the court examines several specific factors to determine whether they’re appropriate and how much to award. These factors help the court balance fairness with the need to deter future wrongdoing.
Degree of misconduct: The worse the behavior, the more likely it is that the court will consider a punitive award. There must be strong evidence of intentional harm or a reckless disregard for safety. Courts typically seek proof that the defendant knowingly took risks that could seriously harm others.
Harm caused: While punitive damages aren’t tied directly to the amount of harm, the severity of the loss can influence the size of the award. If someone died as a result of extreme misconduct, that fact carries weight. The court may also consider the emotional and financial toll on the surviving family members.
Defendant’s behavior history: If the defendant has a pattern of harmful conduct, this may support the idea that punishment is needed to prevent future harm. Repeat offenses suggest that previous consequences were not enough to change behavior.
Wealth of the defendant: Courts may also consider how much money it takes to have a tangible impact on the wrongdoer. A large company, for example, might face a higher punitive award than an individual with limited resources. The goal is to make sure the penalty is strong enough to get the defendant's attention.
Survival Actions and How They Differ From Wrongful Death Claims
To seek punitive damages, families in Illinois often must file a survival action in addition to or instead of a wrongful death claim. A survival action allows the estate of the deceased to recover damages that the person would have been entitled to if they had lived.
This includes things like pain and suffering, medical expenses, and in some cases, punitive damages for conduct that occurred before death. The money recovered in a survival action goes to the estate, which is then distributed according to the person’s will or state inheritance laws.
This route is often necessary in Illinois for families seeking full accountability when misconduct is especially severe and has led to a wrongful death case. It's important to consult a wrongful death attorney who can help with negotiating such a claim.
Limits on Punitive Damages in Illinois
Even when punitive damages are awarded, there are specific rules that govern the amount a plaintiff can receive. Illinois courts must make sure the award isn’t excessive and is related to the misconduct.
While there is no fixed dollar limit on punitive damages in Illinois, the courts follow general guidelines to make sure the award is fair. The U.S. Supreme Court has held that punitive damages should be reasonable in relation to compensatory damages, and they should reflect the seriousness of the conduct involved. This balance helps make sure that the punishment fits the situation without crossing into unfair territory.
Why These Claims Are Challenging
Pursuing punitive damages isn’t simple. The legal standards are high, and the burden of proof is greater than in a regular negligence case. The plaintiff must show clear and convincing evidence that the defendant acted with a level of fault that justifies punishment. This is part of why many wrongful death lawsuits do not result in punitive damages, even when the death was tragic.
The goal of most claims is to help the family recover their financial losses, not to punish the wrongdoer. Still, when the facts support it, adding a survival action and pursuing punitive damages can send a strong message that specific behavior won’t be tolerated.
Contact Our Wrongful Death Attorney Today
If you're looking for a wrongful death attorney in Illinois to help you explore your legal options after losing a loved one, our attorneys at Larson Law Group LLC are here to guide you. With offices in La Grange and Chicago, Illinois, we serve clients throughout Cook County and DuPage County. Contact us today to schedule an initial consultation.