Statement by Kathy Byrne, President of the Illinois Trial Lawyers Association regarding the enactment of House Bill 219

This important law will help deter reckless decisions and conduct that puts the lives of Illinoisans in danger and make Illinois a safer place to live and work.

For decades, Illinois law has allowed living plaintiffs to seek punitive damages in cases where a defendant’s reprehensible conduct causes injury. Punitive damages, while rare, serve to punish defendants for their reckless or intentional conduct, and deter others from engaging in similar conduct. It is up to the courts, on a case-by-case basis, to determine whether the misconduct warrants jury consideration of punitive damages.

The enactment of House Bill 219 provides that punitive damages are now also available when a defendant’s reprehensible behavior results in a victim’s death and are subject to the same burden of proof and standards of review applicable to punitive damages in injury cases. Now the inequity that perversely rewarded the reprehensible behavior of a defendant for killing the plaintiff versus “merely” injuring them has been removed. This law is fair and makes common sense.

We applaud Governor Pritzker for signing this important consumer safety measure, and thank Senate President Don Harmon and Leader Jay Hoffman for championing the bill through the legislative process. We also thank House Speaker Welch, Representative La Shawn Ford, and the many co-sponsors and supporters in the General Assembly that helped get the bill across the finish line.

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