A Cook County judge has declared a new law unconstitutional that changes how interest is calculated for rewards in personal injury and wrongful death lawsuits, by starting the calculation of interest on the day a lawsuit was filed.
Senate Bill 72 was deemed unconstitutional by the judge because the law created different classes of plaintiffs and defendants by creating larger payouts in personal injury and wrongful death lawsuits compared to other types of cases.
The measure was passed during the last day of the 2021 legislative session by lawmakers and quickly signed into law by Gov. J.B. Pritzker.
State Sen. Craig Wilcox led the push against the passing of the law and further explained the court’s ruling.
“It was interesting that the unconstitutional part was that it created two separate types of litigants,” Wilcox said. “That’s how they found it to be unconstitutional.”
The court also ruled that the new law violated businesses’ constitutional right to a trial by jury by taking the award of damages out of the hands of their peers.
Wilcox said the court’s rulings could have an impact on businesses and taxpayers in Illinois.
“I think residents definitely want to keep up on what is going on in the courts because medical malpractice and dereliction of duty and improper treatments all will be affected by these court decisions,” he said.
The bill has also been opposed by a number of business, hospital, and insurance groups, including the Illinois Chamber of Commerce, the Illinois Defense Counsel, and the Illinois Manufacturers Association.
“The prejudgment interest legislation is a panacea and a windfall for trial lawyers,” president and CEO of the IMA Mark Denzler told the Center Square. “This is going to substantially increase costs for manufacturers, doctors, and hospitals.”
Wilcox echoed those concerns and said even the governor recognized the issues surrounding the bill.
“The challenge is that it presents a definite hurdle for business and I think even the governor called out the potential this has to harm the medical industry,” Wilcox said.
An appeal of the court’s ruling is expected.
This article originally appeared on The CenterSquare
