Effective January 1, 2014, Illinois Senate Bill 1912 amended the Illinois Code of Civil Procedure, specifically, 735 ILCS 5/2-2301. The Act requires settling defendants in “personal injury, property damage, wrongful death or tort actions involving claim for money damages” to tender plaintiff with a release within fourteen days of written confirmation of settlement. Furthermore, a settling defendant must tender payment within thirty days of receipt of the release and any other required documents. In the event the settling defendant fails to provide payment within thirty days, the Court “shall” enter judgment against the settling defendant for the full amount set forth in the executed release in addition to the costs incurred in obtaining judgment and 9% interest from the date of plaintiff’s tender.
Exclusions and exceptions apply. Lien holders and those with subrogation rights are protected under the language of the statute. The State of Illinois, other State entities and employees and municipalities are not subject to the Statute. The statute does not apply to class actions lawsuits. Parties may also opt out of enforcement of the statute.
What this means for you, the injured plaintiff, is that Illinois has mandated a reduction in delays for payment upon settlement.