Judge Marcia Maras ruled in May 2022 that the prejudgment interest statute passed by the Illinois legislature was unconstitutional. However, another law division judge gave notice on July 20, 2022, stating that the motions on constitutional issues can and should be decided by the trial judge. In a written order of Aug. 5, 2022, Cook County Circuit Court Judge Maura Slattery Boyle granted prejudgment interest to a plaintiff in a negligence action.
Judge Boyle denied the defendants’ motion to declare the Prejudgment Interest Act unconstitutional, rejecting all of the arguments made including the applicability of Judge Maras’s ruling in Hyland, etc. v. Advocate Health & Hospitals Corp., et al., No. 17 L 3541.
The act allows plaintiffs in personal injury and wrongful death lawsuits to collect interest against defendants from the time the lawsuit is filed should the plaintiff prevail to judgment, rather than from the time judgment is entered. The effective date of this act is July 1, 2021. The law provides recovery of 6% prejudgment interest in addition to the 9% post-judgment interest already enshrined in the law.