Illinois Legislature Reintroduces Bill Allowing Punitive Damages In Wrongful Death Actions

• Published date: 08 February 2023
• Subject Matter: Litigation, Mediation & Arbitration, Personal Injury
• Law Firm: Lewis Brisbois Bisgaard & Smith LLP
• Author: Mr Jeffrey Bash, Jarred Reed and John Hackett

Springfield, Ill. (February 7, 2023) - On January 12, 2023, Illinois House of Representatives member La Shawn K. Ford introduced House Bill 35, amending the Illinois Wrongful Death Act to allow for the recovery of punitive damages in wrongful death actions. 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, 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, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony.

740 ILCS 180/1, as proposed (emphasis added)

For years, Illinois law has "consistently held that, absent specific statutory authority or very strong equitable reasons, punitive damages are not permitted in Illinois in an action under...