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ARTICLE · 02 MARCH 2021

Prejudgment Interest May Be Allowed In Personal Injury And Wrongful Death Claims

Thompson Coburn LLP
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Prejudgment interest is recoverable in Illinois only where authorized by contract or statute.

United StatesLitigation, Mediation & Arbitration
Melissa Gold
Melissa Gold
Audrey Mense
Audrey Mense
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On January 13, 2021 – just before the Illinois legislature's final session ended – both houses passed controversial Illinois HB3360, which amends 735 ILCS 5/2-1303 regarding interest on judgments. If signed by Governor Pritzker, the bill will award plaintiffs in personal injury and wrongful death cases prejudgment interest at 9% per annum.

Prejudgment interest is recoverable in Illinois only where authorized by contract or statute. Before now, no statute has authorized prejudgment interest in personal injury cases. HB3360 would change this for all actions involving personal injury or wrongful death, whether by negligence, willful and wanton misconduct, intentional conduct or strict liability.

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