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(735 ILCS 5/2-1205) (from Ch. 110, par. 2-1205)
Sec. 2-1205.
Reduction in amount of recovery.
An amount
equal to the sum of (i) 50% of the benefits provided for lost wages
or private or governmental disability income programs, which
have been paid, or which have become payable to the injured person by any
other person, corporation, insurance company or fund in relation to a
particular injury, and (ii) 100% of the benefits provided for medical
charges, hospital charges, or nursing or caretaking charges, which have been
paid, or which have become payable to the injured person by any other
person, corporation, insurance company or fund in relation to a particular
injury, shall be deducted from any judgment in an action to
recover for that injury based on an allegation of negligence or other
wrongful act, not including intentional torts, on the part of a licensed
hospital or physician; provided, however, that:
(1) Application is made within 30 days to reduce the judgment;
(2) Such reduction shall not apply to the extent that there is a
right of recoupment through subrogation, trust agreement, lien, or otherwise;
(3) The reduction shall not reduce the judgment by more than 50% of
the total amount of the judgment entered on the verdict;
(4) The damages awarded shall be increased by the amount of any
insurance premiums or the direct costs paid by the plaintiff for such
benefits in the 2 years prior to plaintiff's injury or death or to be paid
by the plaintiff in the future for such benefits; and
(5) There shall be no reduction for charges paid for medical expenses
which were directly attributable to the adjudged negligent acts or
omissions of the defendants found liable.
(Source: P.A. 84-7.)
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