Recent Amendment to Illinois Wrongful Death Act Expands Scope Of Recoverable Damages To Include Grief, Sorrow And Mental Anguish
August, 2007
Illinois Governor Rod Blagojevich recently signed into law an amendment to the Illinois Wrongful Death Act, 740 ILCS 180/2, expanding the scope of recoverable damages to expressly include for the first time the grief, sorrow and mental anguish suffered by surviving spouses and next of kin. Under the prior version of the Act, juries were permitted to award only damages for the “pecuniary injuries” resulting from the wrongful death of a family member, but the emotional aspects of such death were not compensable. The Act now reads: In every such action the jury may give such damages as they shall deem fair and just compensation with reference to the pecuniary injuries resulting from such death, including damages for grief, sorrow, and mental suffering, to the surviving spouse and next of kin of such deceased person. The amendment took effect on May 31, 2007, and applies to all wrongful death claims accruing on or after that date.
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