Cook County Judge Finds Prejudgment Rule Unconstitutional

Circuit Court Judge Marcia Maras has ruled that the prejudgment interest law that went into effect in 2021 is unconstitutional.

Under this law, plaintiffs in personal injury and wrongful death lawsuits are able to collect 6% interest against defendants from the time the lawsuit is filed until it is disposed of. All cases challenging the constitutionality of the law were consolidated before Judge Maras.

Her long-awaited ruling, an advisory opinion that does not set precedent, arose from a medical negligence case in the preterm birth of twins.

Judge Maras concluded the law is unconstitutional and invalid based on the right of trial by jury and prohibition against special legislation.

“The Amendment divides tort parties into two groups: parties to personal injury and wrongful death actions who are subject to prejudgment interest, and all other tort parties who are not.”

“It clearly and arbitrarily favors personal injury and wrongful death plaintiffs and is not rationally related to any State interest. For these reasons, Judge Maras held that the Amendment is unconstitutional.”

Hyland, etc. v. Advocate Health and Hospitals Corporation, et al., No. 17 L 3571.

Kreisman Law Offices has been handling personal injury lawsuits, wrongful death cases, medical malpractice lawsuits and birth injury lawsuits and appeals for individuals, families and loved ones who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 45 years in and around Chicago, Cook County and its surrounding areas, including Highwood, Olympia Fields, Flossmoor, Niles, Villa Park, Oakbrook Terrace, Westchester, Chicago Ridge, Orland Park, Romeoville, Orland Hills, Harvey, Rosemont, South Holland, Blue Island, Chicago (East Side, Hegewisch, West Englewood, Washington Park, Kenwood, South Loop, River North, Noble Square, Ukrainian Village, Lakeview, Roscoe Village, Beverly), River Grove, Stone Park, River Forest, North Riverside and Hillside, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.