Section 2301, set to be amended, still seeking a problem to solve

For the Defense

By Patrick Eckler

Patrick Eckler is a partner at Freeman, Mathis, & Gary LLP representing defendants in civil matters. He is secretary/treasurer of the Illinois Defense Counsel and co-host of the Podium and Panel podcast. The views expressed here are solely his own.

Posted March 21, 2024 12:37 PM

Passed 10 years ago in a very short period time with the backing of a powerful plaintiffs’ attorney, 735 ILCS 5/2-2301 created a framework for settling personal injury claims in Illinois. It addressed the handling of liens and other interests in the proceeds of the settlement, the time frame for the defendant to tender the release, and the deadline for payment of the settlement funds. The statute likewise calls for sanctions when the defendant fails to comply.As the Illinois General Assembly is considering HB4916, which …

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