Illinois Senate Bill SB0234

Illinois 2023-2024 Regular Session

• Introduced: 1/31/23
• Refer: 1/31/23

Caption

FULL&FAIR NONECONOMIC DAMAGE

Impact

The implementation of SB0234 is anticipated to affect state laws related to civil litigation, particularly in areas that deal with compensatory and punitive damages. By creating a bifurcated trial system upon request from defendants, the law aims to segregate the determination of compensatory and punitive damages. This may introduce a more structured approach to how such cases are handled, potentially leading to less variability in jury awards, which proponents believe will reduce litigation costs and insurance premiums passed on to consumers.

Summary

SB0234, known as the Full and Fair Noneconomic Damages Act, was introduced to amend regulations regarding the assessment of noneconomic damages in civil law cases. This bill outlines that evidence related to a defendant's alleged wrongdoing, wealth, or any punitive considerations should not be taken into account when calculating noneconomic damages like pain and suffering. The goal is to ensure that juries focus solely on compensatory criteria, thereby providing clearer instructions regarding the nature of damage awards awarded to plaintiffs.

Contention

However, the bill has sparked considerable debate among legislators and legal experts. Supporters claim that the current system inflates noneconomic damage awards and that this legislation is necessary to curb excessive jury awards that are influenced by emotional factors or the wealth of defendants. Opponents argue that stripping the jury's ability to consider a defendant's wrongdoing diminishes the role of accountability in judicial proceedings and may ultimately infringe upon the rights of victims to receive fair compensation for their suffering.