[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 91-0380
HB1771 Enrolled LRB9101267DJcd
AN ACT to amend the Wrongful Death Act by changing
Section 2.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Wrongful Death Act is amended by changing
Section 2 as follows:
(740 ILCS 180/2) (from Ch. 70, par. 2)
(Text of Section WITHOUT the changes made by P.A. 89-7,
which has been held unconstitutional)
Sec. 2. Every such action shall be brought by and in the
names of the personal representatives of such deceased
person, and, except as otherwise hereinafter provided, the
amount recovered in every such action shall be for the
exclusive benefit of the surviving spouse and next of kin of
such deceased person and 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, to the surviving spouse and next
of kin of such deceased person.
In every such action, the jury shall determine the amount
of damages to be recovered without regard to and with no
special instruction as to the dollar limits on recovery
imposed by this Section. In no event shall the judgment
entered upon such verdict exceed $20,000 where such death
occurred prior to July 14, 1955, and not exceeding $25,000
where such death occurred on or after July 14, 1955 and prior
to July 8, 1957, and not exceeding $30,000 where such death
occurs on or after July 8, 1957 and prior to the effective
date of this amendatory Act of 1967, and without limitation
where such death occurs on or after the effective date of
this amendatory Act of 1967.
The amount recovered in any such action shall be
distributed by the court in which the cause is heard or, in
the case of an agreed settlement, by the circuit court, to
each of the surviving spouse and next of kin of such deceased
person in the proportion, as determined by the court, that
the percentage of dependency of each such person upon the
deceased person bears to the sum of the percentages of
dependency of all such persons upon the deceased person.
Where the deceased person left no surviving spouse or
next of kin entitled to recovery, the damages shall, subject
to the following limitations inure, to the exclusive benefit
of the following persons, or any one or more of them:
(a) to the person or persons furnishing hospitalization
or hospital services in connection with the last illness or
injury of the deceased person, not exceeding $450;
(b) to the person or persons furnishing medical or
surgical services in connection with such last illness or
injury, not exceeding $450;
(c) to the personal representatives, as such, for the
costs and expenses of administering the estate and
prosecuting or compromising the action, including a
reasonable attorney's fee. In any such case the measure of
damages to be recovered shall be the total of the reasonable
value of such hospitalization or hospital service, medical
and surgical services, funeral expenses, and such costs and
expenses of administration, including attorney fees, not
exceeding the foregoing limitations for each class of such
expenses and not exceeding $900 plus a reasonable attorney's
fee.
Every such action shall be commenced within 2 years after
the death of such person but an action against a defendant
arising from a crime committed by the defendant in whose name
an escrow account was established under the "Criminal
Victims' Escrow Account Act" shall be commenced within 2
years after the establishment of such account. For the
purposes of this Section 2, next of kin includes an adopting
parent and an adopted child, and they shall be treated as a
natural parent and a natural child, respectively. However, if
a person entitled to recover benefits under this Act, is, at
the time the cause of action accrued, within the age of 18
years, he or she may cause such action to be brought within 2
years after attainment of the age of 18.
In any such action to recover damages where the wrongful
act, neglect or default causing the death occurred on or
after July 14, 1955, it shall not be a defense that the death
was caused in whole or in part by the contributory negligence
of one or more of the beneficiaries on behalf of whom the
action is brought, but the amount of damages given shall be
reduced in the following manner.
The trier of fact shall first determine the decedent's
contributory fault in accordance with Sections 2-1116 and
2-1107.1 of the Code of Civil Procedure. Recovery of damages
shall be barred or diminished accordingly. The trier of fact
shall then determine the contributory fault, if any, of each
beneficiary on behalf of whom the action was brought:
(1) Where the trier of fact finds that the
contributory fault of a beneficiary on whose behalf the
action is brought is not more than 50% of the proximate
cause of the wrongful death of the decedent, then the
damages allowed to that beneficiary shall be diminished
in proportion to the contributory fault attributed to
that beneficiary. The amount of the reduction shall not
be payable by any defendant.
(2) Where the trier of fact finds that the
contributory fault of a beneficiary on whose behalf the
action is brought is more than 50% of the proximate cause
of the wrongful death of the decedent, then the
beneficiary shall be barred from recovering damages and
the amount of damages which would have been payable to
that beneficiary, but for the beneficiary's contributory
fault, shall not inure to the benefit of the remaining
beneficiaries and shall not be payable by any defendant.
The trial judge shall conduct a hearing to determine the
degree of dependency of each beneficiary upon the decedent.
The trial judge shall calculate the amount of damages to be
awarded each beneficiary, taking into account any reduction
arising from either the decedent's or the beneficiary's
contributory fault. not include any compensation with
reference to the pecuniary injuries resulting from such
death, to such contributorily negligent person or persons,
and such contributorily negligent person or persons shall not
share in any amount recovered in such action.
This amendatory Act of the 91st General Assembly applies
to all actions pending on or filed after the effective date
of this amendatory Act.
(Source: P.A. 81-906.)
Section 99. Effective date. This Act takes effect upon
becoming law.
[ Top ]