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Legislative Update: Statute of Limitations and Death

Illinois Senate Bill 1716 makes three changes to provide statutory guidance if a potential defendant dies before an action is filed to ensure that a statute of limitation does not bar a meritorious claim. The first one makes it explicit that subsection (b) of Section 13-209(b) applies if a tortfeasor dies “before an action is filed against him or her” by simply adding those exact words to codify Gaddy v. Schulte. The second requires notice of the appointment of the special representative to all known heirs or legatees of the decedent after the appointment. Adds new language to ensure that any interested person may substituted for the special representative for good cause to protect the heirs. The third provision repeals the limitation of liability to the estate’s liability insurance if a special representative is used. This bill will have an effect on all personal injury claims.