National Law Review reports that the Illinois legislature has passed a bill, House Bill 0219, that would make punitive damages available in wrongful death actions.  The articles states that under current Illinois law, punitive damages are available only to the victim and do not survive the victim’s death.  Illinois Governor J.B. Pritzker has not yet signed the bill into law but is expected to do so.

California law does not permit punitive damages in wrongful death actions brought by the heirs of a decedent, but they are recoverable in a survival action on behalf of the decedent’s estate.