Proposed Law Would Reduce Settlement Payment Delays

A bill has passed both houses of the Illinois General Assembly that would reduce delays in lawsuit settlement payments. Senate Bill 1912 would mandate timely payments of settlements reached out of court.

The legislation is important for all plaintiffs, but particularly so for victims of nursing home abuse. When an elderly or disabled person is abused or neglected in a nursing home, the family needs funds as soon as possible to pay for a higher-quality facility or in-home health care.

Unfortunately, plaintiffs who have suffered all kinds of injuries frequently find that defendants use stall tactics to delay payment as long as possible, even once a settlement has been agreed to.

Under the proposed legislation, after a settlement has been reached in any civil matter, the defendant must tender to the plaintiff a release within 14 days. Then the defendant has 21 days from execution of the release to make all payments due the plaintiff. If the defendant fails to make such payments, interest will accrue from the date of the release.

Senate Bill 1912 has passed both houses of the state legislature and now awaits Governor Pat Quinn’s signature. If the bill becomes law, it will ensure that plaintiffs receive settlement payments in a timely manner, allowing them to pay for crucial medical and living expenses.

Paul Greenberg is a medical malpractice lawyer in Chicago and malpractice attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit