Most of a product case is about compensation: medical bills, lost income and the harm the injury caused. Punitive damages are different. They are meant to punish serious misconduct and deter others, and Illinois makes them hard to get. This guide explains the standard, the extra court step, and what changed recently.
Punitive damages in Illinois at a glance
What punitive damages are
Compensatory damages pay for the harm. Punitive damages are extra, awarded only when the defendant’s conduct was serious enough. Illinois courts describe the standard as fraud, actual malice, deliberate violence or oppression, or acting willfully or with such gross negligence as to show a wanton disregard for the rights of others. (Kelsay v. Motorola, Inc., 74 Ill. 2d 172 (1978)) Ordinary negligence is not enough.
How a punitive damages claim moves forward in Illinois
- No claim at the startA complaint cannot include a punitive damages request in the first filing.
- Ask the court for permissionAfter a hearing, the plaintiff must show a reasonable likelihood of proving facts that support punitive damages.
- Prove it to the juryThe standard is serious: malice, willful conduct or gross negligence showing wanton disregard.
- Court and constitutional reviewThe court can reduce an excessive award, and the U.S. Constitution limits very large ratios.
The court-permission step
Under 735 ILCS 5/2-604.1, a plaintiff in a bodily injury or product liability case may not plead punitive damages in the original complaint. The plaintiff may move to add them, the court holds a hearing, and the court must allow the amendment if the plaintiff shows a reasonable likelihood of proving facts sufficient to support punitive damages. The motion must be made no later than 30 days after the close of discovery. (735 ILCS 5/2-604.1) This step changes the case: once punitive damages are allowed, the trial can focus on what the company knew and did, not only on one person’s injury.
An Illinois product case
In Loitz v. Remington Arms Co., 138 Ill. 2d 404 (1990), a shotgun barrel exploded during a trap shoot. The jury awarded $75,000 in compensatory damages and $1.6 million in punitive damages, but the Illinois Supreme Court reversed the punitive award, holding that evidence of other explosions, without more, did not show the outrageous misconduct needed to punish a manufacturer. The case shows that a defective product is not the same as the kind of conduct that supports punitive damages, and that Illinois courts review these awards closely.
Limits on the size of an award
Illinois has no general statutory cap on punitive damages in these cases: the Illinois Supreme Court struck down the 1995 tort reform act, including its limits, in Best v. Taylor Machine Works, 179 Ill. 2d 367 (1997). Courts still control excessive awards. The trial court can order a remittitur, a reduction, under 735 ILCS 5/2-1207 (735 ILCS 5/2-1207), and the U.S. Supreme Court has set due process guideposts in BMW of North America v. Gore, 517 U.S. 559 (1996), and State Farm v. Campbell, 538 U.S. 408 (2003), including that few awards far above a single-digit ratio to compensatory damages will pass.
A 2023 change for wrongful death
Effective August 11, 2023, Illinois amended its wrongful death and survival laws so punitive damages can be sought in many of those actions filed on or after that date, except against medical or legal malpractice defendants and governmental units. The court-permission step still applies. (Hinshaw & Culbertson summary) If a defective product caused a death, this matters. Our wrongful death page explains how those claims work.
Why this matters in product cases
Punitive damages usually depend on proof of what the company knew, such as internal documents and records of earlier complaints. That is why they are expensive to pursue and why they come up in cases like the one we describe in our guide to the Ford Pinto case. For the difference between the two kinds of damages, see our post on punitive and compensatory damages.
Frequently asked questions
Can I get punitive damages for ordinary negligence?
Not in Illinois. The standard requires malice, willful conduct or gross negligence showing wanton disregard.
Is there a cap on punitive damages in Illinois?
There is no general statutory cap, but courts can reduce excessive awards and the Constitution limits very large ones.
When do I have to ask for punitive damages?
Not in the first complaint. A motion for permission must be filed no later than 30 days after the close of discovery.
Related guides: The Ford Pinto case and what it teaches; Strict liability in Illinois product cases; Why product liability cases are expensive; Illinois product liability lawyers.
Statistics and law reviewed October 23, 2026. This article is general information, not legal advice. Statutes, rules and court decisions change, and every case depends on its facts.
Think a company knew about a danger and kept selling? Call (312) 346-4262 for a free consultation. There is no fee unless we win.
Sources
- 735 ILCS 5/2-604.1
- 735 ILCS 5/2-1207
- Hinshaw & Culbertson, Punitive damages now available in Illinois wrongful death and survival claims
- Kelsay v. Motorola, Inc., 74 Ill. 2d 172 (1978)
- Loitz v. Remington Arms Co., 138 Ill. 2d 404 (1990)
- Best v. Taylor Machine Works, 179 Ill. 2d 367 (1997)
- BMW of North America, Inc. v. Gore, 517 U.S. 559 (1996)
- State Farm Mutual Automobile Insurance Co. v. Campbell, 538 U.S. 408 (2003)
