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ARTICLE · 08 FEBRUARY 2023

Illinois Legislature Reintroduces Bill Allowing Punitive Damages In Wrongful Death Actions

Lewis Brisbois Bisgaard & Smith LLP
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On January 12, 2023, Illinois House of Representatives member La Shawn K. Ford introduced House Bill 35, amending the Illinois Wrongful Death Act to allow for the recovery...

United StatesLitigation, Mediation & Arbitration
Jeffrey Bash
Jeffrey Bash
Jarred Reed
Jarred Reed
John Hackett
John Hackett
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Springfield, Ill. (February 7, 2023) - On January 12, 2023, Illinois House of Representatives member La Shawn K. Ford introduced House Bill 35, amending the Illinois Wrongful Death Act to allow for the recovery of punitive damages in wrongful death actions. If signed into law, the statutory change will allow heirs of decedents to recover punitive damages in wrongful death actions.

The proposed amendment to the Illinois Wrongful Death Act is underlined below:

Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages including punitive damages, in respect thereof, then and in every such case the person who or company or corporation which would have been liable if death had not ensued, shall be liable to an action for damages, including punitive damages, notwithstanding the death of the

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