94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0366


 
Introduced 1/21/2005, by Rep. Chapin Rose
 
SYNOPSIS AS INTRODUCED:
 		
















735 ILCS 5/2-1109
  from Ch. 110, par. 2-1109


735 ILCS 5/2-1702
  from Ch. 110, par. 2-1702







    Amends the Code of Civil Procedure.  Defines "economic loss" or "economic damages", "non-economic loss" or "non-economic damages", and "compensatory damages" or "actual damages".  Distinguishes between economic and non-economic damages in verdicts.
















LRB094 02481 LCB 32482 b

















 


 


A BILL FOR









 











HB0366

LRB094 02481 LCB 32482 b






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    AN ACT concerning verdicts.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Code of Civil Procedure is amended  by 
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changing Sections 2-1109 and 2-1702 as follows:
 



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    (735 ILCS 5/2-1109)  (from Ch. 110, par. 2-1109)


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    (Text of Section WITHOUT the changes made by P.A. 89-7, 
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which has been held
unconstitutional)

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    Sec. 2-1109. Itemized verdicts. 
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    (a) In every case where damages for bodily injury or death

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to
the person are assessed by the jury the verdict shall be 
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itemized so as to
reflect the monetary
distribution, if any, 
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among economic loss and non-economic loss as defined in 
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subsection (b) of this Section, if any, and, in healing art

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medical
malpractice cases,
further itemized so as to reflect 
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the distribution of economic loss by
category, such itemization 
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of economic loss by category to include: (i)
(a)
amounts 
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intended to compensate for reasonable expenses which have been

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incurred, or which will be incurred, for necessary medical, 
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surgical,
x-ray, dental, or other health or rehabilitative 
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services, drugs, and
therapy; (ii)
(b) amounts intended to 
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compensate for lost wages or loss of
earning capacity; and 
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(iii)
(c) all other economic losses claimed by the plaintiff
or 
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granted by the jury.  Each category of economic loss shall be 
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further
itemized into amounts intended to compensate for losses 
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which have been
incurred prior to the verdict and amounts 
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intended to compensate for
future losses which will be incurred 
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in the future.

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    (b) In all actions on account of bodily injury or death 
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based on negligence, the following terms have the following 
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meanings:

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        (i) "Economic loss" or "economic damages" means all 
 


 






HB0366
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LRB094 02481 LCB 32482 b




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    damages that are tangible, such as damages for past and 
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    future medical expenses, loss of income or earnings, and 
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    other property loss.

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        (ii) "Non-economic loss" or "non-economic damages" 
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    means damages that are intangible including, but not 
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    limited to, damages for pain and suffering, disability, 
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    disfigurement, loss of consortium, and loss of society.

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        (iii) "Compensatory damages" or "actual damages" are 
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    the sum of economic and non-economic damages.

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    (c) Nothing in this Section shall be construed to create a 
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cause of action.

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    (d) This amendatory Act of the 93rd General Assembly 
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applies to causes of action accruing on or after its effective 
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date.

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(Source: P.A. 84-7.)


 



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    (735 ILCS 5/2-1702)  (from Ch. 110, par. 2-1702)


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    (Text of Section WITHOUT the changes made by P.A. 89-7, 
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which has been held
unconstitutional)

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    Sec. 2-1702. Economic/Non-Economic Loss. As used in this 
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Part, "economic
loss" and "non-economic loss" are defined as in 
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subsection (b) of Section 2-1109. :

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    (a) "Economic loss" means all pecuniary harm for which 
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damages
are recoverable.

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    (b) "Non-economic loss" means loss of consortium and all 
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nonpecuniary
harm for which damages are recoverable, 
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including, without limitation,
damages for pain and suffering, 
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inconvenience, disfigurement, and
physical impairment.

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(Source: P.A. 84-7.)