PUNITIVE DAMAGES-LEGAL MALPRAC
The implications of SB0239 are significant for legal malpractice plaintiffs in Illinois. By reinforcing the prohibition on punitive damages, the bill aims to streamline legal malpractice litigation, potentially making it more difficult for plaintiffs to achieve favorable outcomes. This change in the law may discourage some individuals from pursuing legal action against attorneys, as the potential for significant damages, including punitive damages, would no longer be a factor in their appeals for justice.
SB0239, introduced by Senator Jil Tracy, amends the Illinois Code of Civil Procedure, specifically Section 2-1115, which deals with the recovery of damages in legal malpractice cases. The bill explicitly states that punitive, exemplary, vindictive, or aggravated damages are not allowed in legal malpractice claims. This prohibition extends to damages that are sought as compensatory damages that were either assessed against the legal malpractice plaintiff or that the plaintiff failed to recover. The intent of the bill is to clarify and reinforce the limitations on damages recoverable in cases regarding legal malpractice.
While the bill garners support for promoting clarity in legal malpractice cases, it also poses notable points of contention. Critics, including some legal advocates, argue that not allowing punitive damages undermines accountability for attorneys and could effectively allow negligent legal behavior to go unchecked. Supporters of the amendment, however, contend that the legislation is essential for preventing abuse in the legal system and for ensuring that penalties remain consistent across types of malpractice claims.