§ 5/2-1115.2 Economic and non-economic loss

Codes > Illinois Compiled Statutes > Chapter 735 > Act 5 : Article II > Part 11 : 5/2-1115.2 Economic

§ 2-1115.2. Economic and non-economic loss.

    In all actions on account of bodily injury, death, physical damage to property based on negligence, or a product liability action as defined in Section 2-2101, the following terms have the following meanings:

    (a) “Economic loss” or “economic damages” means all damages which are tangible, such as damages for past and future medical expenses, loss of income or earnings and other property loss.

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

    (c) “Compensatory damages” or “actual damages” are the sum of economic and non-economic damages.

    This amendatory Act of 1995 applies to causes of action filed on or after its effective date.

    VALIDITY

    Public Act 89-7, which added this section, has been held unconstitutional in its entirety by the Illinois Supreme Court in the case of Best v. Taylor Machine Works, 1997, 689 N.E.2d 1057, 228 Ill.Dec. 636, 179 Ill.2d 367.