As previously posted, it was up to Illinois Governor Rod Blagojevich to pass a much needed law allowing families to recover for grief, sorrow and mental anguish they suffered as a result of a wrongful death of a family member. On May 31, 2007, the Illinois Governor signed into law an amendment to the Wrongful Death Act allowing families to now recover these type of damages.
Previously, families were not able to recover for the emotional and mental pain they suffered when a loved one was wrongfully killed. Jurors were not allowed to be instructed on awarding damages for this type of loss. Any actions accruing on or after the effective date of the law, May 31, 2007, may seek these damages.