Are punitive damages available in an Illinois auto accident case?

Stephen D. Phillips: Yes, under limited circumstances. He says he has asked for punitive damages only a handful of times in 30 years because courts are reluctant, but willful and wanton conduct such as drunk driving or a trucker exceeding federal hours can qualify.

Attorney Stephen D. Phillips · Car Accidents · 35-second answer

Transcript

Automatically transcribed from the video’s audio and lightly edited.

Yes, under limited circumstances, punitive damages are available. In the 30 years of practice, I’ve only asked for punitive damages a handful of times because courts are loathe to allow punitive damages as part of the recovery. However, in certain circumstances, such as with a drunk driver or if a truck driver is driving over the number of hours he’s allotted under federal law and other dangerous, willful, and wantoned, reckless conduct will be subject to punitive damages.

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