Damages in Drunk Driving Accident Cases in Illinois

Drunk driving accidents cause some of the most severe injuries we see — because impaired drivers tend to be traveling at speed without braking before impact. The compensation available to victims reflects that severity. Beyond standard personal injury damages, DUI crash cases often involve punitive damages that are not available in typical car accident claims.

This article is part of our complete guide to drunk driving accident claims in Illinois. Here we break down every category of damages you may be entitled to recover.

Economic Damages

Economic damages compensate you for actual financial losses with documented dollar amounts:

Medical expenses — Emergency room treatment, ambulance fees, hospitalization, surgery, diagnostic imaging, prescription medications, physical therapy, occupational therapy, psychological counseling, assistive devices, and future medical care. In catastrophic DUI crashes involving traumatic brain injury or spinal cord damage, lifetime medical costs can reach millions of dollars.

Lost wages — Income you have already lost while recovering. This includes salary, hourly wages, bonuses, commissions, overtime, and self-employment income. Documentation from your employer and tax returns supports this calculation.

Diminished earning capacity — If your injuries permanently reduce your ability to earn what you earned before the accident. A vocational rehabilitation expert can quantify this loss over your remaining work life.

Property damage — Vehicle repair or replacement, personal belongings destroyed in the crash, and rental car costs.

Out-of-pocket costs — Home modifications for disability, household help you now need, transportation to medical appointments, and other expenses caused by the injury.

Non-Economic Damages

Non-economic damages compensate for losses that do not have a specific dollar amount but are equally real:

Pain and suffering — Physical pain from the injuries and the treatment process. Juries consider the severity, duration, and nature of the pain.

Emotional distress — Anxiety, depression, PTSD, sleep disturbances, and fear of driving that commonly follow DUI crashes. Many victims develop lasting psychological trauma from the knowledge that their injuries were caused by someone’s reckless decision to drive drunk.

Loss of enjoyment of life — Activities, hobbies, and daily pleasures you can no longer participate in because of your injuries.

Disfigurement and scarring — Permanent physical changes from the injuries or surgeries.

Loss of consortium — The impact on your relationship with your spouse, including loss of companionship, affection, and intimacy. This is a separate claim filed by your spouse.

Illinois has no cap on personal injury damages. The Illinois Supreme Court struck down damage caps in Lebron v. Gottlieb Memorial Hospital (2010), ruling them unconstitutional.

Punitive Damages

Punitive damages are designed to punish the drunk driver and deter others from similar conduct. Under 735 ILCS 5/2-1115.05, punitive damages require proof that the defendant acted with willful and wanton disregard for others’ safety. Driving while intoxicated meets this standard. There is no statutory cap on punitive damages in Illinois — the jury has discretion to award whatever amount it finds appropriate to punish the conduct and send a message. See our detailed punitive damages guide.

Wrongful Death Damages

When a drunk driving accident is fatal, the victim’s family can file claims under the Illinois Wrongful Death Act (740 ILCS 180/) and the Survival Act (755 ILCS 5/27-6). Wrongful death damages include the financial losses to the surviving family — lost financial support, loss of parental guidance, grief, and sorrow. The Survival Act allows recovery for the pain and suffering the victim experienced between the crash and death.

Frequently Asked Questions

Is there a cap on damages in drunk driving cases in Illinois?

No. Illinois has no cap on compensatory damages (economic or non-economic) and no cap on punitive damages. The jury determines the appropriate amount based on the evidence.

How are non-economic damages like pain and suffering calculated?

There is no formula. Juries consider the severity and duration of pain, the impact on daily life, and the permanence of the injuries. Your attorney presents evidence — medical records, testimony, day-in-the-life videos — to help the jury understand your experience.

Can I recover damages from both the drunk driver and the bar that served them?

Yes. If a dram shop claim applies, you can pursue damages from both the driver and the establishment. This often increases the total recovery because the bar carries commercial liquor liability insurance in addition to the driver’s auto policy.

Talk to a Peoria Personal Injury Lawyer

Call (309) 672-9000 or contact us online for a free consultation. At Parker & Parker Attorneys at Law, we handle personal injury cases on a contingency fee basis — you pay nothing unless we recover compensation for you.