2-1115.05.Limitations on recovery of punitive damages in cases other than healing art or legal malpractice cases.
Article II. Civil Practice · Part 11. Trial · Last amended 1995 · Last verified July 20, 2026
In one sentenceCaps punitive damages at three times economic damages in negligence and product-liability cases outside healing art and legal malpractice, requires clear and convincing proof of the defendant's evil motive or reckless indifference, lets a defendant request a separate punitive-damages proceeding, and carves out an exception for defendants convicted of a related crime carrying incarceration.
(a)In all cases on account of bodily injury, or physical
damage to property based on negligence, or product liability based on any theory or doctrine, other than those cases described in Section 2-1115, punitive damages may be awarded only if actual damages are awarded. The amount of punitive damages that may be awarded for a claim in any civil action subject to this Section shall not exceed 3 times the amount awarded to the claimant for the economic damages on which such claim is based.
(b)To recover punitive damages in cases described in subsection (a), a plaintiff must show by clear and convincing evidence that the defendant's conduct was with evil motive or with a reckless and outrageous indifference to a highly unreasonable risk of harm and with a conscious indifference to the rights and safety of others. "Clear and convincing evidence" means that measure or degree of proof that will produce in the mind of the trier of fact a high degree of certainty as to the truth of the allegations sought to be established. This evidence requires a greater degree of persuasion than is necessary to meet the preponderance of the evidence standard.
(c)In any action including a claim for punitive damages, a defendant may request that the issues relating to punitive damages be tried separately from the other issues in the action. If such a request is made, the trier of fact shall first hear evidence relevant to, and render a verdict upon, the defendant's liability for compensatory damages and the amount thereof. If the trier of fact makes an award of actual damages, the same trier of fact shall immediately hear any additional evidence relevant to, and render a verdict upon, the defendant's liability for punitive damages and the amount thereof. If no award of actual damages is made, the claim for punitive damages shall be dismissed. If the defendant requests a separate proceeding concerning liability for punitive damages pursuant to this Section, and the proceeding is held, evidence relevant only to the claim of punitive damages shall be inadmissible in any proceeding to determine whether compensatory damages are to be awarded.
(d)The limitations of subsection (a) shall not apply in a case in which a plaintiff seeks damages against an individual on account of death, bodily injury, or physical damage to property based on any theory or doctrine due to an incident or occurrence for which the individual has been charged and convicted of a criminal act for which a period of incarceration is or may be a part of the sentence.
(e)Nothing in this Section shall be construed to create a right to recover punitive damages.
(f)This amendatory Act of 1995 applies to causes of action accruing on or after its effective date.
Plain-English Summary
Subsection (a) applies to bodily injury, property damage negligence, and product-liability claims outside the malpractice categories covered by Section 2-1115. Punitive damages may only follow an award of actual damages, and the punitive award can't exceed 3 times the economic damages awarded on that claim.
Subsection (b) sets the proof standard: clear and convincing evidence that the defendant acted with evil motive, or with reckless and outrageous indifference to a highly unreasonable risk of harm and conscious indifference to others' rights and safety. The section defines clear and convincing evidence as proof producing in the fact-finder's mind a high degree of certainty, a more demanding standard than a preponderance of the evidence.
Subsection (c) lets a defendant request a bifurcated proceeding: try compensatory liability and amount first, then, only if actual damages are awarded, hear punitive-damages evidence before the same fact-finder. If no actual damages are awarded, the punitive claim is dismissed, and if bifurcation is used, evidence relevant only to punitive damages is excluded from the compensatory phase.
Subsection (d) removes the cap entirely where the plaintiff seeks damages from an individual whose underlying conduct led to a criminal conviction carrying possible incarceration. Subsection (e) clarifies that the section creates no independent right to punitive damages -- it only limits any award otherwise available.
Frequently Asked Questions
Is there a cap on punitive damages under this section?
Yes, up to 3 times the economic damages awarded on the claim.
What must a plaintiff prove to get punitive damages here?
Clear and convincing evidence of evil motive, or reckless and outrageous indifference to a highly unreasonable risk with conscious indifference to others' safety.
Can a defendant ask to split the punitive damages issue from the rest of the trial?
Yes. Subsection (c) lets a defendant request a separate proceeding on punitive damages after the compensatory verdict.
Does the punitive damages cap always apply?
No. It doesn't apply where the plaintiff seeks damages from an individual convicted of a related crime carrying possible incarceration.
Does this section guarantee a right to punitive damages?
No. Subsection (e) says nothing in the section creates a right to recover them.
Amendment History
(Source: P.A. 89-7, eff. 3-9-95.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
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