New Illinois Statute Allowing the Recovery of Punitive Damages

In a drastic legislative change, Illinois Governor J.B. Pritzker signed HB-219 into law to amend the Wrongful Death Act and allow for the recovery of punitive damages in wrongful death and survival action claims.

As of August 11, 2023, any claim filed on the date of signing or afterward may seek recovery of punitive damages “when applicable.” Because HB 219 does not place a cap on punitive damages, the effects of HB 219 will likely increase the cost of tort claims handling, litigation, jury verdicts, and insurance coverage premiums. Claims for punitive damages may not initially be sought in a complaint but will be allowed through a motion seeking punitive damages with the court “if the plaintiff establishes . . . a reasonable likelihood of proving facts at trial sufficient to support an award of punitive damages.”