HB0366 94TH GENERAL ASSEMBLY

LRB094 02481 LCB 32482 b

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.

A BILL FOR

AN ACT concerning verdicts.

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

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

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

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

Sec. 2-1109. Itemized verdicts.

(a) In every case where damages for bodily injury or death to the person are assessed by the jury the verdict shall be itemized so as to reflect the monetary distribution, if any, among economic loss and non-economic loss as defined in subsection (b) of this Section, if any, and, in healing art medical malpractice cases, further itemized so as to reflect the distribution of economic loss by category, such itemization of economic loss by category to include: (i) (a) amounts intended to compensate for reasonable expenses which have been incurred, or which will be incurred, for necessary medical, surgical, x-ray, dental, or other health or rehabilitative services, drugs, and therapy; (ii) (b) amounts intended to compensate for lost wages or loss of earning capacity; and (iii) (c) all other economic losses claimed by the plaintiff or granted by the jury. Each category of economic loss shall be further itemized into amounts intended to compensate for losses which have been incurred prior to the verdict and amounts intended to compensate for future losses which will be incurred in the future.

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

(i) "Economic loss" or "economic damages" means all damages that are tangible, such as damages for past and future medical expenses, loss of income or earnings, and other property loss.

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

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

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

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

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

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

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

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

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

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

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