For damages over $200,000, parties may agree to a payment schedule or court will order lump sum payment.
Pain and suffering in personal injury or death actions limited to three times compensatory damages to a maximum of $250,000.
Illinois has a comprehensive scheme of statutes controlling damage recoveries that is based upon a number of variables such as the type of action, amount of the award, and date of occurrence.
Numerous rules apply to limit damage awards in personal injury and wrongful death actions.
In personal injury actions in which cause of action arose on or after July 1st, 1986, $350,000 limit for noneconomic damages, including pain and suffering, impairment, disfigurement, loss of consortium. In personal injury and wrongful death actions in which cause of action arose on or after Oct. 1st, 1994, $500,000 limit for noneconomic damages. Limitation on noneconomic damages will increase by $15,000 on Oct. 1st of each year beginning Oct. 1st 1995. Noneconomic damages in wrongful death actions include mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, care, marital care, filial care, parental care, attention, advice, counsel, training, guidance or education.
Common law generally governs compensatory damages. Exemplary damages in excess of pecuniary loss are allowed, as compensation to plaintiff, where plaintiff is victim of tortuous conduct on part of defendant.
No award of punitive damages shall exceed the following: $20,000,000 for defendant with net worth of more than $1,000,000,000; $15,000,000 for defendant with net worth of more than $750,000,000 but no more than $1,000,000,000; $5,000,000 for defendant with net worth of more than $500,000,000 but no more than $750,000,000; $3,750,000 for defendant with net worth of more than $100,000,000 but no more than $500,000,000; $2,500,000 for defendant with net worth of more that $50,000,000 but no more than $100,000,000; 2% of defendant’s net worth if it is $50,000,000 or less.
Cap on noneconomic damages for all plaintiffs is $350,000, irrespective of number of defendants.
Medical malpractice pain and suffering limited to $350,000 unless gross malpractice or exceptional circumstances. Damages limited to insurance coverage.
There is no limit on the amount of compensatory damages for economic loss. Generally, compensatory damages for noneconomic loss may not exceed $250,000 or amount equal to three times economic loss, as determined by tier of fact, to a maximum of $350,000 for each plaintiff or $500,000 for each occurrence.
In any claim for bodily injury, death, or property damage, including claims for emotional injury or distress, death or property damage, the amount awarded for noneconomic damages may not exceed $500,000. This limitation has been held unconstitutional by the Supreme Court.
Only reduces plaintiff’s recovery if plaintiff’s negligence is found to be slight.