Hepler Broom, LLC

Illinois Governor Signs SB0072, Amending 735 ILCS 5/2-1301 Providing For Prejudgment Interest To Personal Injury Plaintiffs

June 1, 2021

by Stephanie W. Weiner

On May 28, Illinois Governor J.B. Pritzker signed SB 0072 into law. This provision amends 735 ILCS 5/2-3103 and provides for prejudgment interest of 6% for personal injury cases. Interest runs from the date the complaint is filed. Accrual of interest is tolled if a case is voluntarily dismissed. This legislation serves to impose interest on most elements of damages, including future damages, non-economic damages, and medical bills. It does not apply to punitive damages, sanctions, statutory attorneys’ fees, or statutory costs. It also does not apply to claims against the State, local government, school districts, or other governmental entities.

There are some limitations on its application. If a plaintiff secures a judgment that exceeds the highest written settlement offer, prejudgment interest applies to the difference between the judgment and the highest written demand. On the other hand, if a plaintiff secures a judgment in an amount less than the highest written settlement offer, plaintiff is not entitled to prejudgment interest.

The effective date of this Act is July 1, 2021. For personal injuries or wrongful death claims occurring prior to July 1, 2021, prejudgment interest begins to accrue on the later of two dates: when the action is filed or July 1, 2021.

COVID-19 Updates

HeplerBroom is pleased to announce that its physical offices have reopened. While the health and safety of our clients, employees, and families, remain our top priority, HeplerBroom attorneys and staff are returning to our offices on full-time or modified schedules. Our offices are open to visitors and clients with scheduled appointments, with appropriate screening of visitors and social-distancing protocols. HeplerBroom will continue to follow CDC recommendations for cleaning and sanitizing.

We are very proud of the dedicated efforts of our attorneys and staff to provide great service and work product to our clients during the pandemic. This would not have been possible without the incredible support provided by the HeplerBroom IT Department and other essential personnel who supported our personnel and clients from the office locations while the rest of our teams worked remotely.

If you have questions about visiting our offices, please do not hesitate to contact us. We look forward to seeing you in person again in the near future.