Illinois passes bill to allow unlimited pain-and-suffering damages
Illinois juries could soon grant unlimited pain and suffering damages in wrongful death lawsuits. A bill allowing it passed both state legislative chambers.
It has been sent to Gov. JB Pritzker for his signature.
The bill amends the Wrongful Death Act to allow civil litigants to receive punitive (pain and suffering) damages. The bill also allows punitive damages for people who survive.
OOIDA President and CEO Todd Spencer is critical of the legislation,
“It is hard to imagine a more ill-advised piece of legislation that benefits no one other than trial lawyers,” Spencer told Land Line. “Hopefully the governor will see the harm this can do in the state and veto it.”
OOIDA has sent a Call to Action email to its Illinois members to encourage them to advise the governor to veto the legislation. The bill “would allow nuclear verdicts in civil lawsuits and dramatically escalate the cost of truck insurance,” OOIDA warned its Illinois members.
Some parties are protected. Amendments to the bill shield state or local governments and their employees acting in official capacities. Another clause blocks punitive damages in lawsuits involving “healing art malpractice or legal malpractice.”
The bill was prefiled in December 2022 and introduced in January by Rep. Chris Welch, D-Westchester. Sponsorship of HB0219 changed May 11 to Rep. Jay Hoffman, D-Swansea. He is an attorney and assistant majority leader. He added the punitive damage amendment May 15 and made other changes.
From the time the chief sponsor changed to Hoffman, it took a week to clear both chambers. It passed the House on May 16 by a vote of 75-40. The first reading in the Senate also was May 16. The Senate passed the bill on May 18 by a vote of 37-19.
The House bill has 16 co-sponsors, all Democrats. In the state Senate, there were 12 co-sponsors, also all Democrats
Proponents of the wrongful death lawsuit legislation included the Illinois State Bar Association, Illinois Trial Lawyers Association and Citizen Action Illinois, a progressive policy and political coalition.
There were 24 opponents of the legislation listed in the state online legislative portal. In addition to the Illinois Trucking Association and the Mid-West Truckers Association Inc., opponents included the National Association of Mutual Insurance Companies, Chemical Industry Council of Illinois, National Federation of Independent Business, State Farm, Illinois Insurance Association, Illinois Manufacturers’ Association, and two chambers of commerce.
Other states take different actions on lawsuit damages
While Illinois’ governor considers whether to sign this bill into law, other states are taking action to rein in damages awarded in lawsuits.
Neighboring state Iowa recently capped pain and suffering damages resulting from truck crashes. South Carolina is considering a bill to limit liability in lawsuits resulting from vehicle crashes.
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