(735 ILCS 5/2-1708)
(from Ch. 110, par. 2-1708)
Basis for determining judgment to be entered.
In order to
determine what judgment is to be entered on a verdict requiring findings
of special damages under Sections 2-1706 through 2-1718, the court shall
proceed as follows:
(1) The court shall apply to the findings of past and future damages any
applicable rules of law, including set-offs, comparative fault, additurs,
and remittiturs, in calculating the respective amounts of past and future
damages each plaintiff is entitled to recover and each party is obligated
(2) The court shall calculate the equivalent lump sum value of future
damages in accordance with Section 2-1712.
(3) Any contingent attorneys' fees shall be calculated based on the sum
of the past damages recoverable and equivalent lump sum value of future
damages recoverable. Any judgment for periodic installments must specify
payment of attorneys' fees and litigation expenses in lump sum, separate
from the periodic installments payable to the plaintiff, pursuant to an
agreement entered into between the plaintiff and his or her attorney.
(4) Upon election of a subrogee, including an employer or insurer who
provides workers' compensation, filed within 10 days after verdict, any
part of future damages allocable to reimbursement of payments previously
made by the subrogee is payable in equivalent lump sum to the subrogee.
(5) The court shall determine the amount of future damages to be awarded
in equivalent lump sum. This amount shall be that part of the equivalent
lump sum value of future damages which does not exceed $250,000.
In the event that the equivalent lump sum value of the total amount
of future damages recoverable is $500,000 or more, the court may, upon a
showing by the plaintiff that he will incur greater expenses for future
damages immediately after judgment in order to secure appropriate
necessities including, but not limited to, equipment, supplies, medication,
residence or other items, allow additional amounts of future damages to be
awarded in equivalent lump sum value so that the total amount awarded in
equivalent lump sum is sufficient to secure the aforementioned items, but in
no event shall any increase under this sentence cause more than 50% of the
equivalent lump sum value of total future damages recoverable to be
awarded in lump sum. The amount of future damages awarded in equivalent
lump sum shall be added to the total amount of past damages recoverable and
this total shall be known as the present award. The periodic award shall
consist of the total amount of future damages without reduction to
an equivalent lump sum value, reduced in the proportion that the equivalent
lump sum value of the amount of future damages included in the lump sum
present award bears to the equivalent lump sum value of the total amount of
(6) Any attorneys' fees and litigation expenses shall be allocated
proportionately between the amount of the present award and the amount of
the periodic award.
(7) The court shall enter judgment in lump sum for the present award
including that portion of attorneys' fees and litigation expenses allocable
to the present award,
for amounts payable under subsection (4), and for that portion of attorneys'
fees and litigation expenses allocable to the periodic award.
(8) The court shall enter judgment in accordance with Section 2-1709 for
the payment in installments of the periodic award, less that part of
future damages allocable to reimbursement of payments previously made by a
subrogee under subsection (4), and less that portion of attorney's fees and
litigation expenses allocable to the periodic award.
(9) In an action for wrongful death, the calculation of all amounts,
values, and awards under this Section must be based on the total recovery
for all beneficiaries of the action.
(10) Upon petition of a party before entry of judgment and upon a
finding of incapacity to post the required security, the court, at the
election of the plaintiff or beneficiaries in an action for wrongful
(i) enter a judgment in accordance with subsections (7) and (8); or
(ii) determine the equivalent lump sum value under Section 2-1712 in the
amount otherwise to be paid in periodic installments under subsection (8)
and enter judgment for that equivalent lump sum value and for those amounts
payable under subsection (7).
(Source: P.A. 84-7.)