Alerts8.23.23

Illinois Wrongful Death Plaintiffs Can Now Recover Punitive Damages


Highlights

In Illinois, punitive damages previously were available in injury cases, but not in wrongful death cases

The amended law will increase the verdict and settlement values in wrongful death cases, including cases that become wrongful death cases after the plaintiff dies while the case is pending

Punitive damages are not available in Illinois in medical malpractice actions, legal malpractice cases, and lawsuits against state or local government entities and employees


Effective Aug. 11, 2023, Illinois amended its Wrongful Death Act to permit punitive damages in actions for wrongful death.

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