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The Illinois General Assembly has been working on legislative efforts to amend the Illinois judgment interest statutes, 735 ILCS 5/2-1303(a), to impose prejudgment interests. Governor J.B. Pritzker signed the bill into law on May 28, 2021, as Public Act 102-0006. The amendment becomes effective on July 1, 2021.

The amendment to the Illinois Code of Civil Procedure provides that for all actions brought to recover damages for personal injury or wrongful death, prejudgment interest of 6 percent will begin to accrue on the date the action is filed. If the plaintiff voluntarily dismisses the action and refiles, “the accrual of prejudgment interest shall be tolled from the date the action is voluntarily dismissed to the date the action is refiled.” Prejudgement interest does not apply to punitive damages, sanctions, statutory attorney’s fees, and statutory costs.

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