Under Illinois personal injury law, “punitive damages” (those meant to deter and “punish” the wrongdoer) must be brought pursuant to “permission” by the Court. See 735 Ill. Comp. Stat. Ann. 5/2-604.1 (Lexis 2014).
Many clients want to seek the “maximum” in certain automobile accidents and seeking punitive damages would clearly be an attempt to do just that. However, the facts and circumstances must be proper and evidence (also known as “proof”) must exist or be readily available.
A plaintiff (the person suing) has the “burden of proof” in a lawsuit for an automobile accident. Assumptions are generally not allowed (although “inferences” may meet the test).
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