Lost Wages and Lost Means of Support in Dram Shop Cases

In dram shop cases, “lost wages” and “loss of means of support” are both categories of potential compensation for plaintiffs; however, both types cannot be awarded at the same time to the plaintiff and an individual supported by the plaintiff. According to Chapter 1, Section II 4. [1.10] of  the Illinois Dramshop Act Practice handbook issued by the Illinois Institute for Continuing Legal Education (IICLE):

“A court cannot award both lost wages to the plaintiff and loss of means of support to a person supported by the plaintiff. Courts have long recognized recovery for lost wages as a component of the personal injury type of compensable damage under the Dramshop Act (See Shiflett v. Madison, 105 Ill.App.2d 382, 245 N.E.2d 567 (1st Dist. 1969)). Jury instructions that would permit a jury to award lost wages as part of a plaintiff’s recovery for personal injury and also as part of the recovery of a person supported by the plaintiff for loss of means of support have been rejected (See, e.g., Galyean v. Duncan, 125 Ill.App.3d 464, 466 N.E.2d 264, 80 Ill.Dec. 812 (5th Dist. 1984)).”

And according to Chapter 1, Section II 5. [1.11]:

“The plaintiff may not recover his or her own lost wages as loss of means of support. The Dramshop Act contains limits on the amount recoverable, and courts are not willing to allow the limits to be circumvented. For example, in Kulikowski v. Larson, 305 Ill.App.3d 110, 710 N.E.2d 1275, 238 Ill.Dec. 173 (3d Dist. 1999), the plaintiff sought to recover her lost wages as an item of damages in her tort action and sought also to recover her lost wages as loss of means of support in her dramshop action. The court refused to allow the plaintiff to circumvent the statutory limit on recovery under the Dramshop Act, apparently reasoning that the plaintiff’s means of support (wages) was replaced by the award under the tort action and therefore there was no net loss of means of support to be compensated under the Dramshop Act.”

If you or a loved one has been injured due to the negligence of an intoxicated person, we will help you pursue damages against the person/s directly responsible for the accident, and if the dram shop had supplied excessive alcohol to the at-fault party, that establishment may be legally liable for your compensation.

We are proud to serve our fellow citizens in personal injury cases, especially when you or a loved one has been injured in an accident due to another’s negligence. We see you as a person, not just a client – and that makes us better at the work we do. We listen. We learn your story. And, as we help you get the money you deserve, we go above and beyond in a way most law firms never could and never would. Because we’re not just lawyers. And you’re not just a client. We’re friends, neighbors, family. We’re all people and here at 844 See Mike, we put People, First.

Helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people, not the powerful, we will take care of the insurance adjusters, your medical bills, your property damage, and your lost wages, and monitor your treatment so you can focus on healing and getting your life back to normal. Our unique formula has earned us over 900 outstanding client reviews on our website, an A+ BBB rating, and over 120 five-star reviews on Google. Call 888-572-0176, e-mail us at michael@agrusslawfirm.com, or schedule a meeting with us here. We’re here 24/7.