A judge finds personal legal actions for injury and wrongful deaths legal unconstitutional AdVantageNEWS.com


The Cook County judge has declared the law to be unconstitutional. The law modifies the method of calculation of interest on the basis of rewards for personal injuries and wrongful death lawsuits beginning the calculation of interest from the date the lawsuit is initiated.

Senate Bill 72 was deemed inconstitutional by a judge due to the fact that it created distinct categories of defendants and plaintiffs with higher payouts for lawsuits for personal injury and wrongful deaths cases compared to other kinds of claims.

The legislation was passed on the final day of the session legislative in 2021 by legislators and swiftly approved by Governor. J.B. Pritzker.

State Senator. Craig Wilcox led the campaign against passing the law, and he further clarified the ruling of the court.

“It was fascinating that the part that was unconstitutional was the fact that it created two different categories of litigants” Wilcox said. “That’s the reason they found that it was illegal.”

It also decided that the new law infringed the constitutional rights of businesses to jury trials in that it took the decision to award damages from the control of their competitors.

Wilcox claimed that the court’s decision may have an effect on businesses as well as taxpayers in Illinois.

“I consider that the residents must to be aware of the latest developments at the courthouse due to medical malpractice, negligence of duty as well as unsuitable treatments are all the result of these court decisions,” he said.

The legislation was also blocked by various hospitals, business insurance, and business groups such as insurance groups, such as the Illinois Chamber of Commerce, the Illinois Defense Counsel, and the Illinois Manufacturers Association.

“The prejudgment-interest legislation can be a solution and an income stream for trial lawyers” the president and CEO of IMA Mark Denzler told the Center Square. “This is likely to significantly raise costs for the companies, physicians, and even hospitals.”

Wilcox expressed the same concerns, and claimed that even Governor Scott acknowledged the concerns surrounding the legislation.

“The problem is that it creates a significant obstacle for companies and I’m sure even the governor has spoken out about the possibility that this could affect the medical profession,” Wilcox said.

A challenge to the judge’s decision is anticipated.