Legislative Action Center

Welcome to our Legislative Action Center. Here you can find the contact information for your representatives in Illinois. Soon you will be able to send your representative a fax right from this page! Click here to find your Illinois government officials.

Contact Your State Legislator On These Important Issues

2-1117: SB 1296 changes Section 2-1117 of the Code of Civil Procedure to restore its original legislative intent. In enacting Section 2-1117, the legislature intended that the apportionment of fault only include those parties who remain in the case when it is submitted to the fact finder. SB 1296 provides that only parties "remaining in the case" and not defendants "dismissed for any reason (including settlement)" will appear on the jury verdict form. We need you to call your state senator and urge them to vote "yes" on SB 1296, sponsored by Senator John Cullerton.

Bill Status of SB 1296
Talking Points

Death of a Defendant: SB 738 addresses the procedural situation where a defendant dies prior to the filing of a lawsuit and the plaintiff knows the defendant is dead at the time the suit is filed. The amendments to Section 5/13-209(b) simplify and clarify the legal procedure to be followed under the above described circumstance and remove the arbitrary penalty (limiting recovery to liability insurance only) assessed against the plaintiff due to the death of the defendant.

Bill Status of SB 738
Talking Points

Collateral Source Rule: Although the recent Supreme Court decision of Arthur v. Catour, 216 Ill.2d 72 (Ill. 2005) once again upheld the collateral source rule in Illinois, it has created a great deal of confusion regarding the appropriate method for introducing medical bills into evidence and the application of the collateral source rule in situations where part of the bills were paid by a collateral source (e.g. insurance). As a result of this conflict, trial court judges are uncertain of how to rule on these issues, and litigants are receiving remarkably inconsistent rulings from county to county, and even from judge to judge. SB 747 makes only one change in existing law, which is to simplify proof of medical bills. It will resolve any confusion created by the Supreme Court decision of Arthur v. Catour.

Bill Status of SB 747
Talking Points

Wrongful Death Act: HB 1798 simply allows the jury to consider and award damages for grief, sorrow and mental suffering under the Wrongful Death Act. HB 1798 corrects a current injustice in the law that prevents a jury from awarding damages for the grief, sorrow or mental anguish of the family of the deceased. Prohibiting the jury from considering the grief and sorrow of the family is based on an antiquated concept that the deceased is valued only as an economic asset. Twenty-three states allow damages for grief, sorrow and mental anguish in wrongful death cases. It is time for Illinois to join them.

Bill Status of SB 1798
Talking Points