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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB6550
Introduced 2/6/2004, by Tom Cross SYNOPSIS AS INTRODUCED: |
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735 ILCS 5/2-1109 |
from Ch. 110, par. 2-1109 |
735 ILCS 5/2-1702 |
from Ch. 110, par. 2-1702 |
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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.
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A BILL FOR
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HB6550 |
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LRB093 18700 LCB 44428 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 |