(735 ILCS 5/2-1705)
(from Ch. 110, par. 2-1705)
Election for Periodic Payment.
(a) In order to
invoke the provisions of Section 2-1706 through 2-1718, a party to
a medical malpractice action must make an effective election in
accordance with this Section.
(b) The election must be made by motion not less than 60 days before
commencement of a trial involving issues of
future damages unless leave of court is obtained. Any objection to the
election must be made not more than 30 days after the election.
(c) An election is effective if:
(1) all parties have consented; or
(2) no timely objection is filed by any party; or
(3) a timely objection is filed, but:
(i) the electing party is a plaintiff and shows there is a good faith
claim that future damages will exceed $250,000, or
(ii) the electing party is responding to a claim for future damages in
excess of $250,000 and shows both that security in the amount of the claim
for past and future damages or $500,000, whichever is less, can be provided
and that future damages are likely to accrue over more than one year.
(d) If an effective election is made prior to the commencement of trial, all
actions, including third-party claims, counterclaims, and actions
consolidated for trial, must be tried under Sections 2-1706 through 2-1718,
unless the court finds that the purposes of these Sections would not be
served by doing so or in the interest of justice a separate trial or
proceeding should be held on some or all of the claims that are not subject
of the election.
(e) An effective election can be withdrawn only by consent of all
parties to the claim to which the election relates.
(Source: P.A. 84-7.)