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New Illinois Law Allows Prejudgment Interest on Damages in Certain Lawsuits

June 1, 2021

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An amendment to the Illinois Code of Civil Procedure provides that for all actions brought to recover damages for personal injury or wrongful death, prejudgment interest of six percent will begin to accrue on the date the action is filed. Prejudgment interest does not apply to punitive damages, sanctions, statutory attorney’s fees, and statutory costs.

On May 28, 2021, Illinois Governor J.B. Pritzker signed Public Act 102-0006, amending section 735 ILCS 5/2-1303 of the Illinois Code of Civil Procedure. The amendment becomes effective on July 1, 2021.

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