Illinois Legislature Passes Bill Allowing Punitive Damages In Most Wrongful Death Actions

• Jurisdiction: Illinois,United States
• Law Firm: Lewis Brisbois Bisgaard & Smith LLP
• Subject Matter: Government, Public Sector, Constitutional & Administrative Law
• Author: John Hackett and Jarred Reed
• Published date: 29 May 2023

Madison County, Ill. (May 19, 2023) - On May 18, 2023, the Illinois legislature passed House Bill 0219, amending the Illinois Wrongful Death Act to allow for the recovery of punitive damages in wrongful death actions. The bill will soon be sent to the Governor's desk for signature. If signed into law, the statutory change will allow heirs of decedents to recover punitive damages in wrongful death actions.

The proposed amendment to the Illinois Wrongful Death Act is underlined below:

Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages including punitive damages when applicable, in respect thereof, then and in every such case the person who or company or corporation which would have been liable if death had not ensued, shall be liable to an action for damages, including punitive damages when applicable, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony. Nothing in this Section affects the applicability of Section 2-1115 of the Code of Civil Procedure or Section 2-102 or 2-213 of the Local Governmental and Governmental Employees Tort Immunity Act. Punitive damages are not available in action for healing art malpractice or legal practice or in an action against the State or unit of local government or an employee of a unit of local government in his or her official capacity. The changes made to this Section by this amendatory Act of the 103rd general Assembly apply to actions filed on or after the effective date of this amendatory Act.

740 ILCS 180/1, as proposed

For years, Illinois law has "consistently held that, absent specific statutory authority or very strong equitable reasons...