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(735 ILCS 5/2-1115.1)
(This Section was added by P.A. 89-7, which has been held unconstitutional)
Sec. 2-1115.1. Limitations on recovery of non-economic damages.
(a) In all common law, statutory or other actions that seek damages
on account of death, bodily injury, or physical damage
to property based on negligence, or product liability based on any theory or
doctrine, recovery of non-economic damages shall be limited to $500,000 per
plaintiff. There shall be no recovery for hedonic damages.
(b) Beginning in 1997, every January 20, the liability limit established
in subsection (a) shall automatically be increased or decreased, as applicable,
by a percentage equal to the percentage change in the consumer price index-u
during the preceding 12-month calendar year. "Consumer price index-u" means
the index published by the Bureau of Labor Statistics of the United States
Department of Labor that measures the average change in prices of goods and
services purchased by all urban consumers, United States city average, all
items, 1982-84 = 100. The new amount resulting from each annual adjustment
shall be determined by the Comptroller and made available to the chief judge of
each judicial circuit.
(c) The liability limits at the time at which damages
subject to such limits are awarded by final judgment or settlement shall be
utilized by the courts.
(d) Nothing in this Section shall be construed to create a right to recover
non-economic damages.
(e) This amendatory Act of 1995 applies to causes of action accruing
on or after its effective date.
(Source: P.A. 95-331, eff. 8-21-07.)
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