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Illinois Bill Seeks to Impose Prejudgment Interest in Tort Actions

Up until now, Illinois law has not provided for prejudgment interest in personal injury or wrongful death tort cases. This may change if House Bill 3360, which was passed by the Illinois General Assembly on January 13, 2021, is not vetoed by Governor J.B. Pritzker. The Bill amends the State’s judgment interest statute and adds prejudgment interest on all personal injury and wrongful death claims where a plaintiff prevails. It provides that the plaintiff will recover prejudgment interest at the rate of nine percent (9%) per year on all damages awarded by the court in a final judgment. The proposed new law states that the prejudgment interest begins to accrue on the date the tortfeasor “has notice of the injury.” This Bill was sent to the Governor on February 4, 2021. The Governor has 60 days to sign the Bill into law or veto it. If he takes no action, the Bill automatically becomes law after that 60 days expires, or in this case, on April 5, 2021.

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