Can I receive punitive damages in a boating accident lawsuit?
In Illinois, punitive damages generally cannot be awarded in a boating accident lawsuit. Punitive damages are usually financial awards beyond the amount needed to cover the injured party’s losses, and they are designed to punish the wrongdoer. Illinois courts generally do not allow punitive damages unless there is a specific law that allows them, such as the Illinois Wrongful Death Act. However, there may be exceptions depending on the circumstances of the accident or the particular law involved. For example, if the boating accident was caused by a vessel owner’s gross negligence or intentional misconduct, punitive damages may be available. Also, if the accident was caused by a vessel owner’s failure to adhere to statutory requirements or regulations, such as those issued by the U.S. Coast Guard or the Illinois Department of Natural Resources, punitive damages may be available. In any case, a person injured in an Illinois boating accident should consult with a qualified boating accident attorney to discuss their legal options. An attorney can help the injured party determine whether punitive damages are available in their case, and can represent the injured party in court if needed.
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