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Legislative Alert: January 28, 2021

Your action is needed! HB3360 could impose prejudgment interest of 9% in personal injury and wrongful death lawsuits, allowing interest to accumulate during the time between when a defendant is notified of an injury and a judgment is rendered in a court of law.

In early January, the Illinois House and Illinois Senate briefly met in Springfield to finalize legislation for the 101st General Assembly. Before they adjourned, lawmakers of both chambers passed House Bill 3360 and sent it on to Governor Pritzker for his signature. The Illinois State Dental Society filed a position as opposed to this bill, along with 143 other individuals and business groups including the Illinois Chamber of Commerce, Illinois State Medical Society, Chicagoland Chamber of Commerce, Illinois Manufacturers’ Association, Illinois Trucking Association, National Association of Mutual Insurance Companies, and other small business, insurance and healthcare groups.

If signed into law, HB3360 would impose prejudgment interest of 9% in personal injury and wrongful death lawsuits, allowing interest to accumulate during the time between when a defendant is notified of an injury and a judgment is rendered in a court of law. Currently, plaintiffs collect interest after the court issues a judgment. This bill has the potential to negatively impact the profession of dentistry, and poses a special risk to practices as lawsuits surrounding COVID-19 begin to emerge.

What do you need to do?

Contact the Governor as soon as possible and ask him to veto HB3360.

By Phone:
Downstate (217) 782-6830 or (217) 782-6831
Chicago (312) 814-2121 or (312) 814-2122 

Website: https://www2.illinois.gov/sites/gov/contactus/Pages/VoiceAnOpinion.aspx

By email:

Dep. Gov. Flores' 1st Asst: 
 
Dep. Gov. Mitchell's 1st Asst:

You may “cut and copy” the below language. You can also use this language to communicate your opinion, should you choose to make a phone call:

Dear Governor Pritzker,

House Bill 3360 has the potential to harm the profession of dentistry by encouraging an explosion of frivolous lawsuits. This legislation will unfairly harm dentists, who operate thousands of small businesses across the state. I urge you to veto this legislation and not sign it into law.

HB3360, which would allow plaintiffs to accumulate 9% interest for up to two extra years – the time limit to file suit after an injury – puts pressure on defendants to settle lawsuits or face crushing financial consequences. Defendants must choose between going to trial or settling to stop the interest meter from running. Dentists in Illinois should not be faced with this decision.

The interest also applies to non-economic damages, such as pain and suffering, and future damages, such as ongoing medical expenses and lost earnings. These provisions unfairly target those being sued and penalizes them with mounting interest. This situation is particularly acute, at a time when court cases are stalled because the pandemic has closed courthouses.

As healthcare professionals providing critical services to Illinois residents, we ask that you veto this bill. Thank you.

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