Question By: In Illinois, pain and suffering awards, also known as non-economic damages, refer to the compensation for the physical pain, emotional distress, and diminished quality of life resulting from an injury. Unlike economic damages, which cover quantifiable expenses like medical bills and lost wages, non-economic damages are more subjective and can vary widely based on individual cases.
As of 2024, Illinois does not have a cap on pain and suffering awards in most personal injury cases. This means that juries and judges have considerable discretion in determining the amount awarded for non-economic damages based on the specifics of each case. However, there are notable exceptions and legislative nuances to consider:
Medical Malpractice Cases: In the past, Illinois had caps on non-economic damages in medical malpractice cases. For instance, a 2005 law capped these damages at $500,000 against physicians and $1 million against hospitals. However, the Illinois Supreme Court struck down these caps in 2010, ruling them unconstitutional. Currently, there are no caps in place for medical malpractice cases.
Comparative Negligence Rule: Illinois follows a modified comparative negligence rule. If the injured party is found to be more than 50% at fault for their injuries, they cannot recover any damages. If they are 50% or less at fault, their compensation is reduced by their percentage of fault. This rule applies to all types of damages, including pain and suffering.
Legislative Changes: It's essential to stay updated on any legislative changes as laws and statutes can evolve. Periodic attempts to reintroduce caps or modify existing laws can impact the limits on pain and suffering awards.
The Law Offices of Robert T. Edens are here to support you through every stage. Don't let the complexities of a personal injury claim delay your recovery. Click here to learn more: https://robertedenslawoffice.com/what-are-the-limits-to-pain-and-suffering-awards-in-illinois/
Answer By: