KEY TAKEAWAYS:
- Illinois Gov. J.B. Pritzker has signed into law HB 219 to allow punitive damages to be recoverable in wrongful death and survival actions.
- Punitive damages are now recoverable in wrongful death claims on cases filed on or after August 11, 2023, and punitive damages may be sought on existing cases on the effective date.
- This legislation will drastically affect wrongful death cases statewide, as it adds a new avenue of recovery.
Illinois was one of 16 states that did not allow for the recovery of punitive damages in wrongful death cases. Illinois courts have held that the right to seek or to recover punitive damages belongs only to the person who was hurt, and not to their estate.
The Illinois Supreme Court also has held that the only way punitive damages can be sought after the death of the victim is if a specific statute expressly allows for the recovery of such damages.
As of August 11, 2023, Illinois law has changed dramatically. Illinois Gov. J.B. Pritzker signed into law HB 219 — which amended 740 ILCS 180/1, 740 ILCS 180/2, and 755 ILCS 5/27-6 — to allow punitive damages to be recoverable in wrongful death and survival actions.
Punitive damages are recoverable in wrongful death claims on cases filed on or after August 11, 2023, and punitive damages may be sought on existing cases on the effective date.
This legislation will drastically affect wrongful death cases statewide, as it adds a new avenue of recovery. This new law has the possibility to increase claims, litigation, jury verdicts, and settlement costs.
Goldberg Segalla will carefully review the allegations in wrongful death matters, and whether they may allow punitive damages when assessing potential damages in a case.