McHenry Times

Sen. Dan McConchie (R-Lake Zurich) lost in his fight against a bill he said fails to rectify the economic imbalance resulting from the typical personal injury case.

"This is going to create a circumstance in which we've had health care workers try to respond under the COVID environment, maybe made some mistakes along the way," McConchie said during a Senate floor debate about the legislation. "It is now going to open them up to more frivolous lawsuits and will drive up rates and maybe force some out of state." 

Despite all the concerns expressed by McConchie and others, the legislation passed both chambers and is set to take effect Thursday, July 1.

"This is opposed by nearly all health care groups and business groups," he said. "I'm afraid this is going to work to the contrary of justice and jobs. I ask for a no vote."

Democratic state Sen. Don Harmon (D-Oak Park), the bill's chief sponsor, said the legislation's primary aim is to address the personnel injury cases where the defendants are often insured and plaintiffs are not. He added Illinois will now be the 47th state in the country to adopt prejudgment interest.

More specifically, the measure establishes "that in all actions brought to recover damages for personal injury or wrongful death resulting from or occasioned by the conduct of any other person or entity, whether by negligence, willful and wanton misconduct, intentional conduct, or strict liability of the other person or entity, the plaintiff shall recover prejudgment interest on specified damages and costs set forth in the judgment."

McConchie countered the comparison is not one of apples to apples.

"We know there are a lot of individual hospitals that continue to be opposed and are concerned about the increased cost with this," he said. "In the vast majority of states, the interest rate is tied to the federal rate or set by the legislature. Who is going to be responsible for the increased cost?"