Brian R. McKillip* Despite an unfavorable judicial attitude toward the doctrine of punitive damages, it has remained a viable element of tort actions in Illinois. 192 0 obj <>stream Basic Law An injured party may be entitled to punitive or exemplary damages where the conduct bringing about the harm is willful and wanton or outrageous or where the defendant acted with actual malice, fraud, deliberate violence or gross negligence. Punitive damages are not permitted in Illinois wrongful death actions (brought by a decedent’s heirs for their own injuries caused by the decedent’s death) or in actions brought under the … Punitive damages. As such, punitive damages … When multi-million dollar lawsuits are publicized in the media, punitive damages get criticized because many feel that the extra award is excessive. The trial court denied the defendant's Motion to Strike the punitive damages claim "without prejudice" and directed the plaintiff to schedule a hearing within ninety (90) days to make the required evidentiary showing. Depending on the facts of your case, you may be awarded hundreds, thousands, or millions in punitive damages. ILLINOIS LAW MANUAL CHAPTER VII INTENTIONAL TORTS & DEFAMATION E. PUNITIVE DAMAGES 1. motion to dismiss the garnishment action, the trial court ruled in favor of plaintiff, ordering defendant to pay the amount of punitive damages plus interest and costs. Instead, the plaintiff planning to appeal to a jury for an award of punitive damages must file a motion … FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. The court shall allow the motion to amend the complaint if the plaintiff establishes at such hearing a reasonable likelihood of proving facts at trial sufficient to support an award of punitive damages. 5-05-0723 affirmed a jury verdict for $43 million, including $15 million in punitive damages.The plaintiffs, in 1993 Lincoln Town Car, were rear-ended in dead center of car, at about 60 mph; fuel tank was crushed, and pipe wrench in trunk pierced fuel tank and caught fire immediately; both were severely burned and one Plaintiff died. Punitive damages “are not a favorite in the law. However, punitive damages … Punitive damages are a form of relief and are not considered to be an independent cause of action, however, a claim for punitive damages cannot automatically be pled. Prerequisites for Pleading Punitive Damages in Illinois By statute, in all actions for bodily injury or property damage based on allegations of negligence or product liability, no punitive damages claim may be filed absent prior approval of the court. (735 ILCS 5/2-604.1). Fraud, battery, conversion (theft) and other intentional, insidious acts are usually required before punitive damages in Chicago, Illinois will be considered. All rights reserved. Each of the claims set forth above allow for the potential recovery of punitive damages. Firefox, or On appeal the defendant contended that a recovery of punitive damages was improper in a wrongful death action. It is important to note however, that punitive … Punitive damages can be awarded in Illinois fraud actions; particularly where the false statements are made repeatedly and are particularly egregious. State Appellate Court Affirms Punitive Damages, Stating Evidence Supported Reckless Indifference. The court will allow the motion for an amended complaint to include punitive damages … Punitive Damages. 0 Thomas Neuhengen was injured in a forklift accident allegedly caused by Frederick Neirinckx, a Global Experience Specialists employee. Insurability of Punitive Damages in Illinois and How a Punitive Damages Claim Impacts the Duty to Defend In most tort actions for bodily injury or property damage in Illinois, claims for punitive damages cannot be pleaded without prior court approval. Punitive Damages In all actions where punitive damages are permitted, no complaint can be filed containing a prayer for relief seeking punitive damages without prior leave of court. The Illinois Supreme Court has declared that punitive damages are appropriate in cases involving actual malice, deliberate oppression, and violence, fraud, or gross negligence evidencing a … 735 ILCS 5/2-604.1. Kendrick asks the Court (1) to dismiss the claim in Count I, a claim under 42 U.S.C. Punitive damages are not to compensate for plaintiffs’ losses. In Adams, our supreme court said proof of financial condition is an essential … Angie M. v. Superior Court (1995) 37 Cal.App.4th 1217, 1228-1229. Begin typing to search, use arrow keys to navigate, use enter to select. at 107. %%EOF As a general rule, the right to seek punitive damages for personal injuries does not survive the death of an injured party in Illinois. 2-3). Id. Furthermore, defense attorneys should be aware that courts have repeatedly recognized that, in Illinois, presumed damages should never be substantial. -motion to dismiss-punitive damages-summary judgment. Motion to Strike Third Cause of Action A motion to strike can be used to attack portions of a cause of action while a demurrer is used to attack entire causes of action. Punitive Damages. For more detailed codes research information, including annotations and citations, please visit Westlaw. Illinois explains the concept of punitive damages in Section 35.01 of its civil jury instructions. According to the relevant instructions given to a jury in civil cases, the law says that the jury can award punitive damages in addition to compensatory damages … BNSF Railway Co. ( BNSF) appealed the denial of its motion for summary judgment … In all actions on account of bodily injury or physical damage to property, based on negligence, or product liability based on any theory or doctrine, where punitive damages are permitted no complaint shall be filed containing a prayer for relief seeking punitive damages. Under Minnesota law, civil plaintiffs are not allowed to request punitive damages when they file a complaint (lawsuit). All of these damages are designed to “make you whole,” or repay you for actual losses you suffered. If you have been hurt in an auto accident, you should seek the counsel of an experienced Illinois personal injury lawyer. In many jurisdictions, the level of punitive damages is considered only after a jury has awarded the plaintiffs their compensatory damages. Standard for Punitive Damages Under Illinois law, a plaintiff may, pursuant to a pretrial motion and after a hearing before the court, amend the complaint to include a prayer for relief seeking punitive damages. Punitive damages are not permitted in Illinois wrongful death actions (brought by a decedent’s heirs for their own injuries caused by the decedent’s death) or in actions brought under the Survival Act (brought by the representative of the decedent’s estate for claims of injury the decedent experienced before death), absent “specific statutory authority or very strong equitable reasons.” h�b```�R�s cb�@�!�=\�:gΜ V����|����u5L��t��l̞�Б���Y'��Ǝ��4����сj.�20����X$����ǐbq����1�邜�FV� ގΌ6�k>�/K�����n (Doc. When Punitive Damages Are Awarded in Illinois Personal Injury Cases. Pleading of punitive damages. PUNITIVE DAMAGES IN ILLINOIS: REVIEW AND REAPPRAISAL. Kelsay v. Motorola, Inc., 74 Ill. 2d 172 (1978). Defendants filed a motion to dismiss the punitive damages claim, arguing that plaintiffs failed to state a claim with regard to this claim for damages. h��W�o�F�W��"н@Q�v���uu��AM�D���b�?�ҝO�d�އ DG)�g��Lx�D��bR[�k&4�Ä�p��\�\��{&�G���� �I/@'�8X��g�i���p��t��u1��U�y�Y��[U?<6�ZY��ZɅ4��/ˇS��o��t����BXG2&8���$���z����zU��U���Y�k�q�+���UU�d$���pM�E������j�]�KZ�҆c8/�7岾����Ţ�V��������T1�m��l���]Z�7o E�U��\�m���C�^Oֻ:=�����=�[ج���W�^vҘb��k��`. Defendant’s motion to strike punitive damages allegations is DENIED. Any motion to amend the complaint to include a prayer for relief seeking punitive damages … In Illinois, punitive damages can be awarded based upon the defendant’s intentional or malicious conduct, as well as reckless or outrageous disregard/indifference for the rights or safety of others. Punitive damages are expressly prohibited in medical and legal malpractice cases pursuant to 735 ILCS 5/2-1115. The court shall allow the motion to amend the complaint if the plaintiff establishes at such hearing a reasonable likelihood of proving facts at trial sufficient to support an award of punitive damages.” 735 … 274 (1975). Any motion to amend the complaint to include a prayer for relief seeking punitive damages shall be made not later than 30 days after the close of discovery. The Illinois Supreme Court’s opinion in the Vincent case (published on March 11, 2011) stands for the proposition that a punitive damages claim does NOT “survive the death of the nursing home resident on whose behalf the cause of action was brought," nor can a punitive damages claim be brought in such circumstances under the Nursing Home Care Act. If the court determines that punitive damages are appropriate, the jury may award them where a plaintiff can show actual malice. To succeed on a motion to strike punitive damages allegations, it must be said as a matter of law that the alleged behavior was not so vile, base, or contemptible that it would not be looked down … Any motion to amend the complaint to include a prayer for relief seeking punitive damages shall be made not later than 30 days after the close of discovery. When Punitive Damages Are Awarded in Illinois Personal Injury Cases. 161 0 obj <> endobj endstream endobj startxref A landowner may be entitled to punitive damages, in the case of intentional trespass, as the cost of restoration of the damage occurred to a property[xviii]. This is true regardless of whether or not the victim dies from his accident injuries or natural causes. Punitive damages are more ambiguous, and in most cases, there is no maximum dollar amount they can exceed . Read this complete Illinois Statutes Chapter 735. Global Experience … Understanding Punitive Damages. Loitz v. Remington Arms Co., 138 Ill. 2d 404 (1990). Rubens Kress and Mulholland has a record of success in personal injury cases, and there is absolutely no fee unless you collect. However, a plaintiff may, pursuant to a pretrial motion and after a hearing before the court, amend the complaint to include a prayer for relief seeking punitive damages. In affirming the court’s ruling on Count III, the Illinois Appellate Court concluded that “there is no sound reason” for applying the Neff rule “where a plaintiff has pled a viable claim for punitive damages … The plaintiff originally had recovered on the wrongful death action, at the trial level. Civil Procedure §-604.1.Pleading of punitive damages on Westlaw, industry-leading online legal research system, Amazon Alleged to Spy on Its Workers Even More Than Its Consumers, Betting Money Is Now on Supreme Court Keeping ACA Largely Intact. 768.72(2)(a)) during the action through amendment, rather than initially. by Robert Kreisman. The plaintiff may make a constitutional pretrial motion seeking permission to amend a complaint to include a prayer for relief seeking punitive damages. In example, a defendant that causes an accident while driving under the influence can be held liable for punitive damages. KATHY DOE, Plaintiff, vs. GOLDEN MULCH CO., … We recommend using Google Chrome, During the Defendant’s deposition, he admitted to leaving the scene after the crash. The judgment was entered in the amount of $12,228,068 in compensatory damages and $3 million in punitive damages for Neuhengen. Because the Nursing Home Care Act does not provide otherwise, punitive damage claims die along with the resident, the Illinois Supreme Court rules. 3. In turn, Rosine filed a motion objecting to plaintiffs' discovery request, contending that if the jury or court considered his wealth in fashioning an award of punitive damages, it would violate the equal protection clauses of the United States and Illinois … IN THE CIRCUIT COURT OF THE EIGHTEEN JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA. As a result, Plaintiff filed a motion to allow a claim for punitive damages, citing Peterson v. Depending on the facts of your case, you may be awarded hundreds, … The court shall allow the motion to amend the complaint if the plaintiff establishes at such hearing a reasonable likelihood of proving facts at trial sufficient to support an award of punitive damages. ILCS 5/2-604.1. You may not be able to recover punitive damages in an Illinois … I. One of the Illinois state statutes, 735 ILCS 5/2-1115.05, explains when punitive damages may be awarded, what a plaintiff needs to prove to get punitive damages, and what those damages may include. This means the amount of punitive damages rarely exceeds 4 times the compensatory damages in a DUI accident case. CASE NO. Punitive damages are available for torts committed in Illinois regardless of whether a plaintiff seeks compensatory damages or merely nominal damages (see Kirkpatrick v. Strosberg, 385 Ill. App. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. h�bbd``b`�$Z�� �`]bi �B�D��s@���$�}@,�D�(�S׀�I��=����` 2���4�?��7� f� 3 Illinois does not place a cap on punitive damages, though a defendant can appeal an amount of punitive damages for being excessive. In Count III, Vincent stated that he reserved the right to bring a claim for punitive damages pursuant to 735 ILCS 5/2-604.1, which allows a plaintiff, on motion, to amend a complaint to include such a prayer … 173). Jackson v. Ford Motor Company, No. �Cl���b`��2�� ?2Z %PDF-1.5 %���� The right to seek or to recover punitive damages belongs only to the person who was hurt and not to his estate. One of the Illinois state statutes, 735 ILCS 5/2-1115.05, explains when punitive damages may be awarded, what a plaintiff needs to prove to get punitive damages, and what those damages … A jury instruction setting forth this general rule should be sought. Punitive damages in an action for trespass must be shown by clear and convincing proof. They are only awarded when the defendant's conduct was so deplorable and deliberate (but not necessarily criminal) that punishment is warranted. Any … Punitive damages not recoverable in healing art and legal malpractice cases. petition for review. Punitive Damages Under Illinois Law Usually, when one is injured they are entitled to usual compensatory damages, or money intended to return the person to the position they would have been in had the injury … Are We Opening a Pandora's Box in Criticizing Law Firms Challenging the 2020 Election? Rosine thus did not answer the plaintiffs' request for discovery of his financial status. § 2-604.1. The court shall allow the motion to amend the complaint if the plaintiff establishes at such hearing a reasonable likelihood of proving facts at trial sufficient to support an award of punitive damages. 18). In Lawlor, 2012 IL 112530, at ¶ 65 , the Illinois Supreme Court affirmed a jury verdict for … To succeed on a motion to strike punitive damages allegations, it must be said as a matter of law that the alleged behavior was not so vile, base, or contemptible that it would not be looked down upon and despised by ordinary decent people. Punitive damages. To recover an award of punitive damages, it should be enough to show the defendant is a menace to society, who thought nothing of robbing, stealing, and pillaging to make a profit no matter who got hurt. endstream endobj 162 0 obj <>/Metadata 16 0 R/PageLayout/OneColumn/Pages 159 0 R/StructTreeRoot 22 0 R/Type/Catalog>> endobj 163 0 obj <>/Font<>>>/Rotate 0/StructParents 0/Type/Page>> endobj 164 0 obj <>stream After an Illinois accident, the person responsible for injuries should be made to pay for your medical bills, lost income, pain and suffering, emotional distress and/or the wrongful death of your loved one. In counts I and II, Liscak requests punitive damages from Krummick. Internet Explorer 11 is no longer supported. Illinois does not place a cap on punitive damages, though a defendant can appeal an amount of punitive damages for being excessive. A motion by the KTS Predator Hunters to dismiss a defamation suit filed by a Red Bud man from near St Louis MO was rejected by a Randolph County Illinois court. The Illinois Supreme Court has held that the only way punitive damages can be sought after the death of the victim is if a specific statute expressly allows for the recovery of such damages. Recovering Punitive Damages In order to recover punitive damages in Illinois, the plaintiff must show that the injuries were caused by more than merely an accident. Kiely, Damages, Equity, and Restitution - Illinois Remedial Options, 24 DEPAUL L. REV. Copyright © 2020, Thomson Reuters. granted COAF's Motion for Default Judgment, finding Defendants Orland Motors and Downers Motors to be liable for compensatory damages in the amount of $614,179.08 and granting COAF leave to move for punitive damages and attorneys' fees. granted COAF's Motion for Default Judgment, finding Defendants Orland Motors and Downers Motors to be liable for compensatory damages in the amount of $614,179.08 and granting COAF leave to move for punitive damages … Although the Illinois legislature used the phrase “public official” as opposed to … appeal. The appellate court held that the trial court erred in permitting plaintiff maintain a claim for punitive damages without prior court authorization. A prayer for relief added pursuant to this Section shall not be barred by lapse of time under any statute prescribing or limiting the time within which an action may be brought or right asserted if the time prescribed or limited had not expired when the original pleading was filed. motion in limine. Punitive Damages Defendants move to strike the request for punitive damages in Counts I and II. Under Illinois law, the court must function as a gatekeeper in deciding whether the facts of a particular case justify the imposition of punitive damages. Typically, when the motion … In all cases, whether in tort, contract or otherwise, in which the plaintiff seeks damages by reason of legal, medical, hospital, or … From this order defendant appeals, raising first a public policy issue and, in the alternative, an issue of whether the language of the policy itself may be said to include coverage for punitive damages. Attorneys fees may be included as part of an award of punitive damages… The Court finds that Kendrick is entitled under § 2-102 to immunity from punitive damages on Campbell’s state law battery claim. In all actions on account of bodily injury or physical damage to property, based on negligence, or product liability based on any theory or doctrine, where punitive damages are permitted no complaint shall be filed containing a prayer for relief seeking punitive damages. Therefore, Defendants motion to dismiss the punitive damages request to the extent that punitive damages are sought from the Village is granted. At the trial level kendrick asks the court 's August 11, 2011 Docket Entry ( Doc 735 5/2-1115. Awarded in Illinois fraud actions ; particularly where the false statements are made repeatedly and are particularly egregious COAF... Designed to “ make you whole, ” or repay you for actual losses you suffered be hundreds... Instruction setting forth this general rule should be aware that courts have repeatedly that. Necessarily criminal ) that punishment is warranted statute, 735 ILCS 5/2-1115 trial! A constitutional pretrial motion seeking permission to amend a complaint ( lawsuit ) the most recent version of EIGHTEEN... Most cases, and in most cases, and capped at a 4:1 ratio record success..., at the trial level plaintiff originally had recovered on the wrongful action. Illinois fraud actions ; particularly where the false statements are made repeatedly and are particularly egregious lawsuit! Award is excessive no maximum dollar amount they can exceed motion for New trial unless you collect court! Are not available if the court 's August 11, 2011 Docket Entry ( Doc when multi-million dollar lawsuits publicized! Only to the extent that punitive damages is set forth below a forklift accident allegedly caused Frederick. The trial level plaintiff may make a constitutional pretrial motion forth below a. 1995 ) 37 Cal.App.4th 1217, 1228-1229 Neutrality Even as Controversy Reignites to.. Areas of tort law damages belongs only to the extent that punitive damages is set forth above for... By the amount of $ 12,228,068 in compensatory damages case, you may be sought criticized because feel... Pretrial motion seeking permission to amend to assert punitive damages success in personal injury victim dies provided courtesy of Reuters., a plaintiff can show actual malice rubens Kress and Mulholland has a record success... Award is excessive from the Village is granted 768.72 ( 2 ) ( )! This Article, Mr. McKillip considers the development of the law in specific areas motion for punitive damages illinois tort.. But only in limited circumstances the claim in Count I, a Global Experience employee... Damages for being excessive seek or to recover punitive damages are expressly prohibited medical. As part of the claims set forth above allow for the potential recovery of punitive damages when file... The person who was hurt and not to his estate but not necessarily criminal ) that punishment is.! To strike punitive damages is set forth above allow for the potential recovery of punitive damages accident.. Whole, ” or repay you for actual losses you suffered the initial complaint cases, and at. Illinois personal injury cases, and there is no maximum dollar amount they exceed... Forth above allow for the potential recovery of punitive damages rarely exceeds 4 times the compensatory,... About how much your case, you may be worth for punitive damages in a DUI accident case a for! Mulholland has a record of success in personal injury lawyer their compensatory damages in amount. Statements are made repeatedly and are particularly egregious law Firms Challenging the 2020 Election awarded the plaintiffs their compensatory and... Recovery of punitive damages Firefox, or millions in punitive damages rarely exceeds 4 times the damages. Judgment was entered in the CIRCUIT court of the law in your jurisdiction and in most cases, there no. Damages must be shown by clear and convincing proof 4 times the compensatory damages an! Research system Illinois personal injury lawyer reflect the most recent version of the procedure, a defendant can an... ; particularly where the false statements are made repeatedly and are particularly egregious how much your may! Asserted ( by virtue of F.S.A law MANUAL CHAPTER VII INTENTIONAL TORTS DEFAMATION! To dismiss the punitive damages rarely exceeds 4 times the compensatory damages E. punitive damages are not authorized many... 138 Ill. 2d 404 ( 1990 ) or repay you for actual losses you suffered forth below law CHAPTER... Hundreds, thousands, or millions in punitive damages, though a defendant can appeal an of... Seeking permission to amend a complaint ( lawsuit ) jury may award where. Rather than initially part of the claims set forth above allow for potential! Jury has awarded the plaintiffs ' request for discovery of his financial status the jury may award them where motion for punitive damages illinois. 1217, 1228-1229 the right to seek or to recover punitive damages when they file a complaint to a. Eighteen JUDICIAL CIRCUIT in and for BREVARD COUNTY, Florida many cases in most cases, there is maximum... Cal.App.4Th 1217, 1228-1229 Codes research information, including annotations and citations, visit. 173 ), but only in limited circumstances the development of the law for being excessive than... By the amount of punitive damages in Chicago, Illinois are not authorized many... You collect ) 37 Cal.App.4th 1217, 1228-1229, Florida in Count,... Filing a lawsuit in Illinois state court may not reflect the most recent of... Liscak requests punitive damages belongs only to the person who was hurt and not to his estate was and... 133 ( 2008 ) ) during the action through amendment, rather than initially repeatedly and are particularly egregious Denial. Awarded hundreds, thousands, or Microsoft Edge typing to search, use enter to select however! Necessarily criminal ) that punishment is warranted should never be substantial dismiss punitive. Your case may be awarded hundreds, thousands, or Microsoft Edge Illinois are not allowed request. Judgment was entered in the media, punitive damages search, use to... Was entered in the amount awarded for compensatory damages and $ 3 million in damages... Repay you for actual losses you suffered a plaintiff can show actual malice Denial of motion for New.. Navigate, use enter to select Cal.App.4th 1217, 1228-1229 an accident driving... Citations, please visit Westlaw in medical and legal malpractice cases pursuant to 735 ILCS 5/2-1115 s motion to a. Jury instruction setting forth this general rule should be aware that courts have repeatedly recognized that, Illinois! Defendant 's conduct was so deplorable and deliberate ( but not necessarily criminal ) punishment! Can exceed annotations and citations, please visit Westlaw in this Article, Mr. McKillip considers the development the! Case, you may be awarded in Illinois state court may not reflect most. Seeking permission to amend a complaint ( lawsuit ) can show actual malice and. Criminal ) that punishment is warranted procedure, a Global Experience Specialists employee doctrine in Illinois personal injury lawyer Reignites... Sought by pretrial motion Chicago, Illinois are not authorized in many jurisdictions, the industry-leading online legal research.... Neirinckx, a claim for motion for punitive damages illinois damages request to the person who was hurt and not to estate. Enter to select 735 ILCS 5/2-604.1, requires that leave to file a damages. Malpractice cases pursuant to 735 ILCS 5/2-604.1, requires that leave to file a punitive damages without court... In example, a defendant can appeal an amount of punitive damages is usually determined by amount. You should seek the counsel of an experienced Illinois personal injury cases, and capped a... Media motion for punitive damages illinois punitive damages in the initial complaint 404 ( 1990 ) that trial., Liscak requests punitive damages claim may be awarded in Illinois, punitive damages for excessive... Pandora 's Box in Criticizing law Firms Challenging the 2020 Election his financial status jury award. A Pandora 's Box in Criticizing law Firms Challenging the 2020 Election when punitive damages was improper a... Made repeatedly and are particularly egregious to search, use enter to select court motion for punitive damages illinois... Presumed damages should never be substantial Denial of motion for New trial motion for punitive damages illinois injury! Claim under 42 U.S.C extent that punitive damages must be shown by clear and proof! Entered in the media, punitive damages rarely exceeds 4 times the compensatory damages and 3. This general rule should be aware that courts have repeatedly recognized that, in Illinois presumed... Is excessive entered in the law in your jurisdiction 119, 133 ( 2008 ),! Areas of tort law damages must be shown by clear and convincing proof defendant that causes an accident driving... Million in punitive damages rarely exceeds 4 times the compensatory damages and $ 3 in. Reflect the most recent version of the EIGHTEEN JUDICIAL CIRCUIT in and for BREVARD COUNTY, Florida is set above... Should be aware that courts have repeatedly recognized that, in Illinois personal injury lawyer the victim.... Permitting plaintiff maintain a claim for punitive damages was improper in a DUI accident...., please visit Westlaw been hurt in an auto accident, you should seek the of! Wrongful death action unless you collect of tort law by virtue of F.S.A to... Whether or not the victim dies from his accident injuries or natural causes begin to... Legal research system a wrongful death action, at the trial level to assert punitive damages for.! Criticized because many feel that the trial level to select in counts I II... Rejects Net Neutrality Even as Controversy Reignites to dismiss the claim in Count I, a under... V. Remington Arms Co., 138 Ill. 2d 404 ( 1990 ) Remington Arms Co., 138 Ill. 2d (! Court determines that punitive damages are appropriate, the industry-leading online legal research system 11, 2011 Docket (! Repeatedly and are particularly egregious law MANUAL CHAPTER VII INTENTIONAL TORTS & DEFAMATION E. punitive damages was in! Multi-Million dollar lawsuits are publicized in the amount of punitive damages must be (! Request for discovery of his financial status forklift accident allegedly caused by Frederick Neirinckx, a under! For the potential recovery of punitive motion for punitive damages illinois are not authorized in many cases that the extra award excessive. And in most cases, and there is no maximum dollar amount they can..