Illinois bill would cause massive increases to cost of insurance, OOIDA says
Illinois juries could soon award unlimited pain and suffering damages in wrongful death lawsuits if Gov. JB Pritzker signs a bill into law.
The bill amends state statute to allow civil litigants to receive punitive (pain and suffering) damages. It also allows punitive damages for people who survive.
The legislation alarmed OOIDA enough to send a Call to Action email to its Illinois members encouraging them to advise Pritzker to veto the legislation. The bill “would allow nuclear verdicts in civil lawsuits and dramatically escalate the cost of truck insurance,” OOIDA warned.
Some parties are protected, including state or local governments and their employees acting in official capacities and 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.
Once Hoffman took over, 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.
There were 16 co-sponsors in the House and 12 co-sponsors in the Senate, 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 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. LL