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06/05/2007 ADDENDUM TO NEWS UPDATE 05/03/2007 - WRONGFUL DEATH - GRIEF DAMAGES, BILL STATUS OF HB1798 Governor Rod Blagojevich signed House Bill 1798 which amends the Wrongful Death Act to allow damages for grief, sorrow and mental suffering to the surviving spouse and next of kin. The law took effect on May 31, 2007 and applies to causes of action accruing on or after that date. 05/03/2007 WRONGFUL DEATH - GRIEF DAMAGES, BILL STATUS OF HB1798 Legislation that would allow juries to consider grief, sorrow and mental anguish when awarding damages in a wrongful death action was approved by the Illinois House of Representatives on April 27, 2007. The legislation would overturn at least two precedents of the Illinois Supreme Court: Bullard v. Barnes, 102 Ill.2d 505(1984) and Elliott v.Willis, 92 Ill.2d 530 (1982) In those cases, the Court expanded the concept of what constitutes a financial loss for purposes of the Wrongful Death Act but held that recovery for grief, sorrow or mental anguish could not be obtained under the Act. The vote was 63-52, with most Democrats supporting the legislation and most Republicans opposing it. HB 1798 now goes before the Illinois Senate. All legislation can be found on the General Assembly’s Web site at www.ilga.gov. The direct link to the Act on the General Assembly’s Web site is here. -------------------------------------------------------------------------------------------------------------------- Return to Previous Page |
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