Illinois law has not previously recognized prejudgment interest
in tort actions for personal injury or wrongful death. Instead,
Illinois' judgment interest statute only imposes
post-judgment interest in tort actions at the rate of 9 percent per
year from the date of the judgment's entry through the date
of the judgment's satisfaction. See 735 ILCS 5/2-1303(a)
(section 1303). This may change, however, following the General
Assembly's passage of House Bill 3360 on January 13, 2021,
which amends section 1303 to impose prejudgment interest in tort
actions.
House Bill 3360 states that prejudgment interest at the rate of
9 percent per year is to be imposed in all tort actions seeking
recovery for personal injury or wrongful death. It states further
that prejudgment interest begins to accrue “on the date the
defendant has notice of the injury from the incident itself or a
written notice”:
