Tuesday, August 15, 2023

Illinois statute eliminates ban on punitive damages in death cases

 Back in May I reported that the Illinois General Assembly was considering a bill that would allow plaintiffs to seek punitive damages in cases for Wrongful Death and in cases filed under the survival statute.  In that post I explained why I thought the bill was a good idea (and why the old doctrine it sought to replace was wrong).  See here.

Today, I am here to report that just a few days ago, on August 11, Illinois Governor J.B. Pritzker signed the bill into law.  The new law allows the recovery of punitive damages in wrongful death and survival actions.  

However, as I argued in my previous post, the bill did not go gar enough because punitive damages still are not recoverable in actions against doctors, lawyers, and public entities.

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