Chicago Trial Attorney: Personal Injury & Business Litigation: Texting and Driving Can Lead to “Punitive Damages”

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).

You can contact us here 24/7/365 (and we really mean that as we will answer our phone) if you have anyquestions and to learn how we may be able to help you or your loved one who has been a victim of a crash or accident – in particular, you will find that we listen, take your phone calls and e-mails (and even text messages–BUT NOT WHILE DRIVING!!). We would be honored to help you with your matters – large or small.

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Berenz Law Network

Chicago injury attorney Phil Berenz has secured substantial settlements and verdicts for clients in personal injury, medical malpractice, and wrongful death cases. He has also successfully defended businesses and individuals against lawsuits, winning judgments that far exceeded the amounts plaintiffs originally sought.

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