We all would like to think that the justice system would protect us in the event of a tragic injury. Illinois law does provide that you are entitled to compensation in the event of an injury. Specifically, you are entitled to compensatory damages for your pain and suffering, medical bills, out of pocket expenses, and lost wages, among other things. If the defendant’s actions were conducted with malice or deliberate violence, you may also be entitled to “punitive damages.” Punitive damages are designed to punish and deter the defendant. Oftentimes, because they can amount to double or even ten (10) times your compensatory damages, punitive damages make up the largest amount of your award. What happens if you die as a result of your injuries? Your family would be entitled to all of these things too, right? Wrong.

An Illinois appellate court recently held that if the victim dies, punitive damages are not allowed. In the Marston vs. Walgreen Company case, the plaintiff passed away from his injuries as the case was pending. The plaintiff ordered a prescription he had been getting for years. The pharmacist, with a history of stealing and ingesting thousands of drugs from Walgreens, filled the prescription with the wrong medication. The victim suffered kidney failure and died. Despite the atrocious behavior of this pharmacist, the court held that Illinois law did not allow his family to recover for damages to punish and deter Walgreens. The Illinois Wrongful Death Act, which provides compensation to the victim’s heirs for their loss, does not provide for such damages. Although under the Illinois Survival Act, which provides for damages to the estate for the victim’s suffering, does allow for such damages if there are “strong equitable reasons,” the court found that this exception did not apply.

As St. Louis personal injury attorneys, we handle Missouri and Illinois Wrongful Death claims. We understand the law and the proof needed to meet the “strong equitable reason” exception. We believe that you and your family are entitled to compensation when the defendant acts recklessly and we will fight for you to get it. If you have been injured, contact us at 1-800-517-0602.