Madison County, Ill. (January 19, 2021)
- On January 13, 2021, the Illinois General Assembly
passed HB 3360, which will enable pre-judgment
interest of 9% in personal injury cases. The legislation was
sponsored by Madison County, Illinois-area representative Jay
Hoffman (D-Belleville) and Illinois state senator Dan Harmon (D-Oak
Park).
Under current Illinois law, plaintiffs are not entitled to
pre-judgment interest in personal injury cases because the nature
and extent of a plaintiff's damages cannot be calculated in
advance and liability is uncertain (compared, for example, to a
breach of contract claim).
If signed by the governor, personal injury actions in Illinois
will be subject to 9% per annum pre-judgment interest accruing
"on the date the defendant has notice of the injury from the
incident itself or a written notice." Notably, the bill will
also impact pending litigation as interest begins to accrue on the
effective date of the legislation for cases
