Illinois Wrongful Death Damages Can Now Include Grief, Sorrow, and Mental Suffering

It has been 140 year since Illinois has allowed recovery for bereavement, but as of May 17, 2007 that will change. The Illinois General Assembly amended the wrongful death statute to include damages for grief, sorrow, and mental suffering of the surviving spouse and next of kin in addition to the current pecuniary damages available. Juries may now award these grief damages for any cause of action accruing on or after May 31, 2007 in any wrongful death case. The amendment also removed some outdated limitations on recovery for deaths occurring before 1967. The administration Office of the Illinois Courts determined that this amendment will not have any fiscal impact on the judiciary. Undoubtedly it can have a substantial fiscal impact on the parties.

Jeff Hebrank, president of the Illinois Association of Defense Trial Counsel, testified against the dramatic increase in liability because it will make plaintiff’s lawyers richer, create millionaires out of grieving spouses and children, encourage big employers to leave Illinois, and raise insurance premiums. He also laments that it is only a short jump to allow personal injury victims and family members to claim grief, sorrow, and mental suffering.