Article: Putting A Value On Grief - Amendment To Illinois Wrongful Death Act Expands Damages.

Damages recoverable under the Illinois Wrongful Death Act, 740 ILCS 180/2, have been expanded to include emotional components that, until now, juries were instructed not to consider. House Bill 1798, signed into law on May 31, 2007, allows jurors to award emotional damages to a decedent's spouse or next of kin. The amendment, which applies to causes of action accruing on or after May 31, 2007, changes the Act to now read:

In every such action the jury may give such damages as they shall deem a 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 ...

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