Long Term Care & Senior Living Blog

Effective January 1, 2017, Illinois will enact Molly’s Law, which extends the time period in which a victim’s family can file a wrongful death lawsuit in situations where the victim dies as the result of an act that was intentional and violent in nature. This law was introduced by State Representative Terri Bryant (R-Murphysboro) in February 2016. The law amends the current Wrongful Death statute of limitations from two years to five years for scenarios where the death is the result of violent intentional conduct or within one year after the final disposition of the criminal case if the defendant is charged with first degree murder,

On April 19, 2016, the Missouri Supreme Court issued its opinion in James Dodson, et al. v. Robert Ferrara, M.D., et al. The Court upheld Missouri’s 2005 “tort reform” non-economic damage cap as constitutional as applied in wrongful death cases.